Prescribed Petroleum Products Prices (N.S. Reg. 177/2009) (just regulations rg2 2009 ap2409)

N.S. Reg. 177/2009

Nova Scotia — Gazette

© NS Registry of Regulations. Web version. 317

Part II Regulations under the Regulations Act Printed by the Queen’s Printer Halifax, Nova Scotia Vol. 33, No. 9 April 24, 2009 Contents Act Reg. No.

Page Costs and Fees Act F e e W a i v e r s f o r V i c t i m s R e g u l a t i o n s ......................................... 190/2009 334 Education Act M i n i s t e r i a l E d u c a t i o n A c t R e g u l a t i o n s – a m e n d m e n t ..............................199/2009 370 Employment Support and Income Assistance Act Employment Support and Income Assistance Regulations–amendment ............... 184/2009 328 Environment Act Water and Wastewater Facilities and Public Drinking Water Supplies R e g u l a t i o n s – a m e n d m e n t.................................................. 181/2009 325 Financial Measures

(2008) Act Proclamation, S. 32, S.N.S. 2008, c. 2–S. 8 to 11, 13, 14(b), 15(a), 16, 17(b), 18(a)-(b), (d), 19 and 22 .................................................. 178/2009 321 Proclamation, S. 32(5), S.N.S. 2008, c. 2–S. 31 ................................. 179/2009 323 Proclamation, S. 32(5), S.N.S. 2008, c. 2–S. 2 and S. 28 .......................... 180/2009 324 Proclamation, S. 32(5), S.N.S. 2008, c. 2–S. 27 ................................. 195/2009 341 Proclamation, S. 32(5), S.N.S. 2008, c. 2–S. 4 .................................. 198/2009 368 Land Registration Act Proclamation of amendments to Act, S. 37, S.N.S. 2008, c. 19 ...................... 192/2009 336 Licensed Practical Nurses Act Proclamation of Act, S. 68, S.N.S. 2006, c. 17 .................................. 196/2009 342 Licensed Practical Nurses Regulations ........................................ 197/2009 344 Maintenance Enforcement Act Refusal or Cancellation of Licences for Payors in Default of Maintenance Regulations . . 183/2009 327

318 © NS Registry of Regulations. Web version. Table of Contents (cont.) Royal Gazette

Part II - Regulations Vol. 33, No. 9 Petroleum Products Pricing Act Prescribed Petroleum Products Prices ......................................... 177/2009 319 Prescribed Petroleum Products Prices ......................................... 185/2009 329 Prescribed Petroleum Products Prices ......................................... 200/2009 371 Police Act P o l i c e R e g u l a t i o n s – a m e n d m e n t .............................................. 186/2009 331 Silver Dart 100th Anniversary Act Proclamation of Act, S. 3, S.N.S. 2008, c. 46 ................................... 188/2009 332

Summary Proceedings Act S u m m a r y O f f e n c e T i c k e t s R e g u l a t i o n s – a m e n d m e n t ..............................189/2009 333 Tourist Accommodations Act T o u r i s t A c c o m m o d a t i o n s R e g u l a t i o n s – a m e n d m e n t ..............................182/2009 326 Volunteer Protection Act D e s i g n a t i o n o f N o n - P r o f i t O r g a n i z a t i o n s R e g u l a t i o n s – a m e n d m e n t ..................187/2009 331 Wildlife Act D e s i g n a t i o n o f B i r d I s l a n d s W i l d l i f e M a n a g e m e n t A r e a...........................193/2009 337 T h e B i r d I s l a n d s W i l d l i f e M a n a g e m e n t A r e a R e g u l a t i o n s .........................194/2009 340 Youth Criminal Justice Act (Canada) Designation of Persons Who May Access Records ............................... 191/2009 335 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.

N.S. Reg. 177/2009 Royal Gazette

Part II - Regulations Vol. 33, No. 9 © NS Registry of Regulations. Web version. 319 N.S. Reg. 177/2009 Made: March 26, 2009 Filed: March 30, 2009 Prescribed Petroleum Products Prices Order dated March 26, 2009 made by the Minister of Service Nova Scotia and Municipal Relations pursuant to

Section 14 of the Petroleum Products Pricing Act In the Matter of

Section 14 of

Chapter 11 of the Acts of 2005 the Petroleum Products Pricing Act - and - In the Matter of Sections 14 to 18 of the Petroleum Products Pricing Regulations made by the Governor in Council pursuant to

Section 14 of the Petroleum Products Pricing Act - and - In the Matter of an Order Prescribing Prices for Petroleum Products made by the Minister of Service Nova Scotia and Municipal Relations pursuant to

Section 14 of the Petroleum Products Pricing Act and Sections 14 to 18 of the Petroleum Products Pricing Regulations Order I, Richard Hurlburt, Minister of Service Nova Scotia and Municipal Relations for the Province of Nova Scotia, pursuant to

Section 14 of

Chapter 11 of the Acts of 2005, the Petroleum Products Pricing Act, and Sections 14 to 18 of the Petroleum Products Pricing Regulations, hereby (

a) repeal the Order dated March 19, 2008 [2009], which prescribed prices March 20, 2009; and (

b) prescribe prices for petroleum products in the Pr ovince as set forth in the tables in

Schedule “A”. This Order is effective on and after 12:01 a.m. on March 27, 2009. Made at Halifax, in the Halifax Regional Municipality, Nova Scotia, on March 26, 2009. Sgd.: Richard Hurlburt Honourable Richard Hurlburt Minister of Service Nova Scotia and Municipal Relations

N.S. Reg. 177/2009 Royal Gazette

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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 March 27, 2009 Table 1: Benchmark Prices for Regulated Petroleum Products (cents/litre) Regular unleaded gasoline 44.1 Mid-grade unleaded gasoline 47.1 Premium unleaded gasoline 50.1 Ultra-low-sulfur diesel oil 54.0 Table 2: Fixed Wholesale Prices, Retail Mark-ups and Retail Prices for Regulated Petroleum Products (cents/litre) Retail Mark-up Retail Price (includes all taxes) Self-Service Full-Service Self-Service Full-Service Fixed Wholesale Price (excludes GST) Min Max Min Max Min Max Min Max Zone 1 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 75.9 78.9 81.9 79.7 4.0 4.0 4.0 4.0 5.5 5.5 5.5 5.5 4.0 4.0 4.0 4.0 999.9 999.9 999.9 999.9 90.3 93.7 97.1 94.6 92.0 95.4 98.8 96.3 90.3 93.7 97.1 94.6 999.9 999.9 999.9 999.9 Zone 2 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 76.3 79.3 82.3 80.1 4.0 4.0 4.0 4.0 5.5 5.5 5.5 5.5 4.0 4.0 4.0 4.0 999.9 999.9 999.9 999.9 90.7 94.1 97.5 95.0 92.4 95.8 99.2 96.7 90.7 94.1 97.5 95.0 999.9 999.9 999.9 999.9 Zone 3 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 76.8 79.8 82.8 80.6 4.0 4.0 4.0 4.0 5.5 5.5 5.5 5.5 4.0 4.0 4.0 4.0 999.9 999.9 999.9 999.9 91.3 94.7 98.1 95.6 93.0 96.4 99.8 97.3 91.3 94.7 98.1 95.6 999.9 999.9 999.9 999.9 Zone 4 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 76.8 79.8 82.8 80.6 4.0 4.0 4.0 4.0 5.5 5.5 5.5 5.5 4.0 4.0 4.0 4.0 999.9 999.9 999.9 999.9 91.3 94.7 98.1 95.6 93.0 96.4 99.8 97.3 91.3 94.7 98.1 95.6 999.9 999.9 999.9 999.9 Zone 5 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 76.8 79.8 82.8 80.6 4.0 4.0 4.0 4.0 5.5 5.5 5.5 5.5 4.0 4.0 4.0 4.0 999.9 999.9 999.9 999.9 91.3 94.7 98.1 95.6 93.0 96.4 99.8 97.3 91.3 94.7 98.1 95.6 999.9 999.9 999.9 999.9 Zone 6 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 77.6 80.6 83.6 81.4 4.0 4.0 4.0 4.0 5.5 5.5 5.5 5.5 4.0 4.0 4.0 4.0 999.9 999.9 999.9 999.9 92.2 95.6 99.0 96.5 93.9 97.3 100.7 98.2 92.2 95.6 99.0 96.5 999.9 999.9 999.9 999.9

N.S. Reg. 178/2009 Royal Gazette

Part II - Regulations Vol. 33, No. 9 © NS Registry of Regulations. Web version. 321 N.S. Reg. 178/2009 Made: March 31, 2009 Filed: March 31, 2009 Proclamation, S. 32, S.N.S. 2008, c. 2 Order in Council 2009-157 dated March 31, 2009 Proclamation made by the Governor in Council pursuant to

Section 32 of the Financial Measures

(2008) Act The Governor in Council on the report and recommendation of the Minister of Finance dated March 31, 2009, pursuant to

Section 32 of

Chapter 2 of the Acts of 2008, the Financial Measures

(2008) Act, and subsection (7) of

Section 3 of

Chapter 235 of the Revised Statutes, 1989, the

Interpretation Act, is pleased to order and declare by proclamation that Sections 8 to 11 and 13, clauses 14(

b) and 15(a),

Section 16, clauses 17(

b) and 18(a), (

b) and (

d) and Sections 19 and 22 of

Chapter 2 of the Acts of 2008, the Financial Measures

(2008) Act, which amend

Chapter 217 of the Revised Statutes, 1989, the Income Tax Act, do come into force on and not before April 1, 2009, with

Section 8, clauses (

a) and (

d) of

Section 18 and Sections 19 and 22 having effect on and after January 1, 2007,

Section 10 having effect on and after January 1, 2008 and Sections 9, 11 and 13, clause (

b) of

Section 14, clause (

a) of

Section 15,

Section 16, clause (

b) of

Section 17 and clause (

b) of

Section 18 having effect on and after January 1, 2009. PROVINCE OF NOVA SCOTIA sgd: Mayann Francis 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: A PROCLAMATION

WHEREAS in and by

Section 32 of

Chapter 2 of the Acts of 2008, the Financial Measures

(2008) Act, it is enacted as follows: 32

(1) This Act, except Sections 2 to 6 and 8 to 31, comes into force on such day as the Governor in Council orders and declares by proclamation.

(2) Section 8, clauses 18(

a) and (

d) and Sections 19 and 22 have effect on and after January 1, 2007, upon the Governor in Council so ordering by proclamation.

(3) Sections 5, 6 and 12, clause 14(a), clause 15(b), clause 17(

a) and clause 18(

c) and Sections 20, 21, 23, 29 and 30 have effect on and after January 1, 2008.

(4) Sections 10 and 24 to 26 have effect on and after January 1, 2008, upon the Governor in council so ordering by proclamation.

(5) Sections 2 to 4, 27, 28 and 31 have effect on and after April 1, 2008, upon the Governor in Council so ordering by proclamation.

N.S. Reg. 178/2009 Royal Gazette

Part II - Regulations Vol. 33, No. 9 322 © NS Registry of Regulations. Web version.

(6) Sections 9, 11 and 13, clause 14(b), clause 15(a),

Section 16, clause 17(

b) and clause 18(

b) have effect on and after January 1, 2009, upon the Governor in Council so ordering by proclamation. AND

WHEREAS it is deemed expedient that Sections 8 to 11 and 13, clauses 14(

b) and 15(a),

Section 16, clauses 17(

b) and 18(a), (

b) and (

d) and Sections 19 and 22 of

Chapter 2 of the Acts of 2008, the Financial Measures

(2008) Act, which amend

Chapter 217 of the Revised Statutes, 1989, the Income Tax Act, do come into force on and not before April 1, 2009, with

Section 8, clauses (

a) and (

d) of

Section 18 and Sections 19 and 22 having effect on and after January 1, 2007,

Section 10 having effect on and after January 1, 2008, and Sections 9, 11 and 13, clause (

b) of

Section 14, clause (

a) of

Section 15,

Section 16, clause (

b) of

Section 17 and clause (

b) of

Section 18 having effect on and after January 1, 2009; 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 Sections 8 to 11 and 13, clauses 14(

b) and 15(a),

Section 16, clauses 17(

b) and 18(a), (

b) and (

d) and Sections 19 and 22 of

Chapter 2 of the Acts of 2008, the Financial Measures

(2008) Act, which amend

Chapter 217 of the Revised Statutes, 1989, the Income Tax Act, do come into force on and not before April 1, 2009, with

Section 8, clauses (

a) and (

d) of

Section 18 and Sections 19 and 22 having effect on and after January 1, 2007,

Section 10 having effect on and after January 1, 2008, and Sections 9, 11 and 13, clause (

b) of

Section 14, clause (

a) of

Section 15,

Section 16, clause (

b) of

Section 17 and clause (

b) of

Section 18 having effect on and after January 1, 2009, of which all persons concerned are to take notice and govern themselves accordingly. IN TESTIMONY WHEREOF We have caused these our Letters to be made Patent and the Great Seal of Nova Scotia to be hereunto affixed. WITNESS, Our Trusty and Well Beloved Her Honour the Honourable Mayann E. Francis, Lieutenant Governor of the Province of Nova Scotia. AT Our Government House in the Halifax Regional Municipality, this 31st day of March in the year of Our Lord two thousand and nine and in the fifty-eighth year of Our Reign. BY COMMAND: sgd: Cecil P. Clarke Provincial Secretary Minister of Justice and Attorney General

N.S. Reg. 179/2009 Royal Gazette

Part II - Regulations Vol. 33, No. 9 © NS Registry of Regulations. Web version. 323 N.S. Reg. 179/2009 Made: March 31, 2009 Filed: March 31, 2009 Proclamation, S. 32(5), S.N.S. 2008, c. 2 Order in Council 2009-158 dated March 31, 2009 Proclamation made by the Governor in Council pursuant to subsection 32(5) of the Financial Measures

(2008) Act The Governor in Council on the report and recommendation of the Minister of Finance dated March 31, 2009, pursuant to subsection (5) of

Section 32 of

Chapter 2 of the Acts of 2008, the Financial Measures

(2008) Act, and subsection (7) of

Section 3 of

Chapter 235 of the Revised Statutes, 1989, the

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

Section 31 of

Chapter 2 of the Acts of 2008, the Financial Measures

(2008) Act, which amends

Chapter 7 of the Acts of 1991, the Trust and Loan Companies Act, do come into force on and not before April 1, 2009, with effect on and after April 1, 2008. PROVINCE OF NOVA SCOTIA sgd: Mayann Francis 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: A PROCLAMATION

WHEREAS in and by subsection

(5) Section 32 of

Chapter 2 of the Acts of 2008, the Financial Measures

(2008) Act, it is enacted as follows: 32

(5) Sections 2 to 4, 27, 28 and 31 have effect on and after April 1, 2008, upon the Governor in Council so ordering by proclamation. AND

WHEREAS it is deemed expedient that

Section 31 of

Chapter 2 of the Acts of 2008, the Financial Measures

(2008) Act, which amends

Chapter 7 of the Acts of 1991, the Trust and Loan Companies Act, do come into force on and not before April 1, 2009, with effect on and after April 1, 2008; 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

Section 31 of

Chapter 2 of the Acts of 2008, the Financial Measures

(2008) Act, which amends

Chapter 7 of the Acts of 1991, the Trust and Loan Companies Act, do come into force on and not before April 1, 2009, with effect on and after April 1, 2008, of which all persons concerned are to take notice and govern themselves accordingly. IN TESTIMONY WHEREOF We have caused these our Letters to be made Patent and the Great Seal of Nova Scotia to be hereunto affixed. WITNESS, Our Trusty and Well Beloved Her Honour the Honourable Mayann E. Francis, Lieutenant Governor of the Province of Nova Scotia.

N.S. Reg. 179/2009 - 180/2009 Royal Gazette

Part II - Regulations Vol. 33, No. 9 324 © NS Registry of Regulations. Web version. AT Our Government House in the Halifax Regional Municipality, this 31st day of March in the year of Our Lord two thousand and nine and in the fifty-eighth year of Our Reign. BY COMMAND: sgd: Cecil P. Clarke Provincial Secretary Minister of Justice and Attorney General N.S. Reg. 180/2009 Made: March 31, 2009 Filed: March 31, 2009 Proclamation, S. 32(5), S.N.S. 2008, c. 2 Order in Council 2009-160 dated March 31, 2009 Proclamation made by the Governor in Council pursuant to subsection 32(5) of the Financial Measures

(2008) Act The Governor in Council on the report and recommendation of the Minister of Service Nova Scotia and Municipal Relations dated March 30, 2009, pursuant to subsection (5) of

Section 32 of

Chapter 2 of the Acts of 2008, the Financial Measures

(2008) Act, and subsection (7) of

Section 3 of

Chapter 235 of the Revised Statutes, 1989, the

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

Section 2 of

Chapter 2 of the Acts of 2008, the Financial Measures

(2008) Act, which amends

Chapter 101 of the Revised Statutes, 1989, the Corporations Registration Act, and

Section 28 of

Chapter 2 of the Acts of 2008, the Financial Measures

(2008) Act, which amends

Chapter 13 of the Acts of 1995-96, the Personal Property Security Act, do come into force on and not before April 1, 2009, with effect on and after April 1, 2008. PROVINCE OF NOVA SCOTIA sgd: Mayann Francis 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: A PROCLAMATION

WHEREAS in and by subsection (5) of

Section 32 of

Chapter 2 of the Acts of 2008, the Financial Measures

(2008) Act, it is enacted as follows: 32

(5) Sections 2 to 4, 27, 28 and 31 have effect on and after April 1, 2008, upon the Governor in Council so ordering by proclamation.

N.S. Reg. 180/2009 - 181/2009 Royal Gazette

Part II - Regulations Vol. 33, No. 9 © NS Registry of Regulations. Web version. 325 AND

WHEREAS it is deemed expedient that

Section 2 of

Chapter 2 of the Acts of 2008, the Financial Measures

(2008) Act, which amends

Chapter 101 of the Revised Statutes, 1989, the Corporations Registration Act, and

Section 28 of

Chapter 2 of the Acts of 2008, the Financial Measures

(2008) Act, which amends

Chapter 13 of the Acts of 1995-96, the Personal Property Security Act, do come into force on and not before April 1, 2009, with effect on and after April 1, 2008; 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

Section 2 of

Chapter 2 of the Acts of 2008, the Financial Measures

(2008) Act, which amends

Chapter 101 of the Revised Statutes, 1989, the Corporations Registration Act, and

Section 28 of

Chapter 2 of the Acts of 2008, the Financial Measures

(2008) Act, which amends

Chapter 13 of the Acts of 1995-96, the Personal Property Security Act, do come into force on and not before April 1, 2009, with effect on and after April 1, 2008, of which all persons concerned are to take notice and govern themselves accordingly. IN TESTIMONY WHEREOF We have caused these our Letters to be made Patent and the Great Seal of Nova Scotia to be hereunto affixed. WITNESS, Our Trusty and Well Beloved Her Honour the Honourable Mayann E. Francis, Lieutenant Governor of the Province of Nova Scotia.

AT Our Government House in the Halifax Regional Municipality, this 31st day of March in the year of Our Lord two thousand and nine and in the fifty-eighth year of Our Reign. BY COMMAND: sgd: Cecil P. Clarke Provincial Secretary Minister of Justice and Attorney General N.S. Reg. 181/2009 Made: March 31, 2009 Filed: March 31, 2009 Water and Wastewater Facilities and Public Drinking Water Supplies Regulations Order in Council 2009-161 dated March 31, 2009 Amendment to regulations made by the Governor in Council pursuant to

Section 110 of the Environment Act The Governor in Council on the report and recommendation of the Minister of Environment dated March 10, 2009, and pursuant to

Section 110 of

Chapter 1 of the Acts of 1994-95, the Environment Act, is pleased to amend the Water and Wastewater Facilities and Public Drinking Water Supplies Regulations, N.S. Reg. 186/2005, made by the Governor in Council by Order in Council 2005-426 dated September 30, 2005, to expand the definition of “public drinking water supply” in the manner set forth in

Schedule “A” attached to and forming part of the report and recommendation, effective on and after April 1, 2009.

N.S. Reg. 181/2009 - 182/2009 Royal Gazette

Part II - Regulations Vol. 33, No. 9 326 © NS Registry of Regulations. Web version.

Schedule “A” Amendment to the Water and Wastewater Facilities and Public Drinking Water Supplies Regulations made by the Governor in Council under

Section 110 of

Chapter 1 of the Acts of 1994-1995, the Environment Act

Section 31 of the Water and Wastewater Facilities and Public Drinking Water Supplies Regulations, N.S. Reg. 186/2005, made by the Governor in Council by Order in Council 2005-426 dated September 30, 2005, is amended by (

a) striking out “or” at the end of subclause (e)(i); (

b) striking out the semicolon at the end of s ubclause (e)(ii) and substituting “, or”; and (

c) adding the following subclause immediately after subclause (e)(ii): (iii) serves any of the following for at least 60 days of the year: (

A) a day care facility licensed in accordance with the Day Care Act, (

B) a permanent food establishment licensed in accordance with the Health Protection Act, (

C) a commercial property for the accommodation of the travelling or vacationing public comprising land used for camping or for overnight parking of recreational vehicles or containing a separate building or buildings containing at least 1 room to be used as an alternate form of accommodation in a campground, (

D) a commercial property for the accommodation of the travelling or vacationing public containing more than 4 rental units, including cottages or cabins. N.S. Reg. 182/2009 Made: March 31, 2009 Filed: March 31, 2009 Tourist Accommodations Regulations Order in Council 2009-162 dated March 31, 2009 Amendment to regulations made by the Governor in Council pursuant to

Section 18 of the Tourist Accommodations Act The Governor in Council on the report and recommendation of the Minister of Tourism, Culture and Heritage dated February 26, 2009, and pursuant to

Section 18 of

Chapter 9 of the Acts of 1994-95, the Tourist Accommodations Act, is pleased to amend the Tourist Accommodations Regulations, N.S. Reg. 185/2003, made by the Governor in Council by Order in Council 2003-461 dated November 6, 2003, by repealing

Section 13 of the regulations, effective on and after April 1, 2009.

N.S. Reg. 183/2009 Royal Gazette

Part II - Regulations Vol. 33, No. 9 © NS Registry of Regulations. Web version. 327 N.S. Reg. 183/2009 Made: March 31, 2009 Filed: March 31, 2009 Refusal or Cancellation of Licences for Payors in Default of Maintenance Regulations Order in Council 2009-168 dated March 31, 2009 Regulations made by the Governor in Council pursuant to Sections 60B and 61 of the Maintenance Enforcement Act The Governor in Council on the report and recommendation of the Minister of Justice dated March 19, 2009, and pursuant to Sections 60B and 61 of

Chapter 6 of the Acts of 1994-95, the Maintenance Enforcement Act, is pleased to make new regulations respecting the refusal and cancellation of licences, permits and certificates under the Wildlife Act for payors in default of maintenance in the form set forth in

Schedule “A” attached to and forming part of the report and recommendation, effective on and after March 31, 2009.

Schedule “A” Regulations Respecting Refusal or Cancellation of Licences for Payors in Default of Maintenance made by the Governor in Council under Sections 60B and 61 of

Chapter 6 of the Acts of 1994-95, the Maintenance Enforcement Act Citation 1 These regulations may be cited as the Refusal or Cancellation of Licences for Payors in Default of Maintenance Regulations. Minister may refuse or cancel licence, permit or certificate 2 If the Director advises the Minister responsible for issuing a licence, permit or certificate under the Wildlife Act or its regulations that a payor is in default under a maintenance order, the Minister may do any of the following: (

a) refuse to issue the payor a licence, permit or certificate under the Wildlife Act or its regulations; (

b) cancel the payor’s licence, permit or certificate under the Wildlife Act or its regulations. Notice of cancellation and notice of refusal to issue 3( 1 ) The Minister must serve a notice of cancellation to any payor whose licence, permit or certificate is cancelled under these regulations and a notice of refusal to issue to any payor who is refused a licence, permit or certificate under these regulations.

(2) A notice of cancellation or a notice of refusal to issue must be served by 1 of the following methods: (

a) causing the notice to be served personally on the payor; (

b) sending the notice by registered mail to the address of the payor as noted on the licence, permit or certificate or as shown in the records of the Director.

(3) A cancellation of or refusal to issue a licence, permit or certificate under these regulations is effective as follows: (

a) if the notice of cancellation or notice of refusal to issue is served personally, on the date the notice is delivered; (

b) if the notice of cancellation or notice of refusal to issue is sent by registered mail, 5 business days after the notice is mailed.

N.S. Reg. 183/2009 - 184/2009 Royal Gazette

Part II - Regulations Vol. 33, No. 9 328 © NS Registry of Regulations. Web version. Cancelled licence, permit or certificate is void 4 A licence, permit or certificate cancelled under these regulations or obtained when a notice of refusal to issue under these regulations is in effect is void and of no effect as if it were cancelled under the Wildlife Act and the payor is subject to all provisions and offences respecting cancelled licences, permits and certificates under the Wildlife Act and its regulations.

Reinstatement of licence, permit or certificate 5( 1 ) The Director must notify the Minister who issued a notice of refusal to issue to a payor or cancelled a payor’s licence, permit or certificate under these regulations as soon as practicable if any of the following occur: (

a) the payor is no longer in default under the ma intenance order and has satisfied all costs and fees owing to the Director under the Act; (

b) the payor is in compliance with a maintena nce payment arrangement accepted by the Director.

(2) On receiving notification under subsection (1), the Minister may reinstate a payor’s licence, permit or certificate. N.S. Reg. 184/2009 Made: March 31, 2009 Filed: April 3, 2009 Employment Support and Income Assistance Regulations Order in Council 2009-167 dated March 31, 2009 Amendment to regulations made by the Governor in Council pursuant to

Section 21 of the Employment Support and Income Assistance Act The Governor in Council on the report and recommendation of the Minister of Community Services dated January 13, 2009, and pursuant to

Section 21 of

Chapter 27 of the Acts of 2000, the Employment Support and Income Assistance Act, is pleased to amend the Employment Support and Income Assistance Regulations, N.S. Reg. 25/2001, made by the Governor in Council by Order in Council 2001-138 dated March 23, 2001, to make income tax refunds an applicable asset of an applicant or recipient rather than chargeable income, in the manner set forth in

Schedule “A” attached to and forming part of the report and recommendation, effective March 31, 2009.

Schedule “A” Amendment to the Employment Support and Income Assistance Regulations made by the Governor in Council pursuant to

Section 21 of

Chapter 27 of the Acts of 2000, the Employment Support and Income Assistance Act 1 Clause 2(

f) of the Employment Support and Income Assistance Regulations, N.S. Reg. 25/2001, made by the Governor in Council by Order in Council 2001-138 dated March 23, 2001, is amended by adding “, income tax refunds” immediately after “real property”. 2

Section 51 of the regulations is repealed.

N.S. Reg. 185/2009 Royal Gazette

Part II - Regulations Vol. 33, No. 9 © NS Registry of Regulations. Web version. 329 N.S. Reg. 185/2009 Made: April 2, 2009 Filed: April 6, 2009 Prescribed Petroleum Products Prices Order dated April 2, 2009 made by the Minister of Service Nova Scotia and Municipal Relations pursuant to

Section 14 of the Petroleum Products Pricing Act In the Matter of

Section 14 of

Chapter 11 of the Acts of 2005 the Petroleum Products Pricing Act - and - In the Matter of Sections 14 to 18 of the Petroleum Products Pricing Regulations made by the Governor in Council pursuant to

Section 14 of the Petroleum Products Pricing Act - and - In the Matter of an Order Prescribing Prices for Petroleum Products made by the Minister of Service Nova Scotia and Municipal Relations pursuant to

Section 14 of the Petroleum Products Pricing Act and Sections 14 to 18 of the Petroleum Products Pricing Regulations Order I, Richard Hurlburt, Minister of Service Nova Scotia and Municipal Relations for the Province of Nova Scotia, pursuant to

Section 14 of

Chapter 11 of the Acts of 2005, the Petroleum Products Pricing Act, and Sections 14 to 18 of the Petroleum Products Pricing Regulations, hereby (

a) repeal the Order dated March 26, 2009, which prescribed prices March 27, 2009; and (

b) prescribe prices for petroleum products in the Pr ovince as set forth in the tables in

Schedule “A”. This Order is effective on and after 12:01 a.m. on April 3, 2009. Made at Halifax, in the Halifax Regional Municipality, Nova Scotia, on April 2, 2009. Sgd.: Richard Hurlburt Honourable Richard Hurlburt Minister of Service Nova Scotia and Municipal Relations

N.S. Reg. 185/2009 Royal Gazette

Part II - Regulations Vol. 33, No. 9 330 © NS Registry of Regulations. Web version.

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 April 3, 2009 Table 1: Benchmark Prices for Regulated Petroleum Products (cents/litre) Regular unleaded gasoline 41.8 Mid-grade unleaded gasoline 44.8 Premium unleaded gasoline 47.8 Ultra-low-sulfur diesel oil 51.3 Table 2: Fixed Wholesale Prices, Retail Mark-ups and Retail Prices for Regulated Petroleum Products (cents/litre) Retail Mark-up Retail Price (includes all taxes) Self-Service Full-Service Self-Service Full-Service Fixed Wholesale Price (excludes GST) Min Max Min Max Min Max Min Max Zone 1 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 73.6 76.6 79.6 77.0 4.0 4.0 4.0 4.0 5.5 5.5 5.5 5.5 4.0 4.0 4.0 4.0 999.9 999.9 999.9 999.9 87.7 91.1 94.5 91.5 89.4 92.8 96.2 93.2 87.7 91.1 94.5 91.5 999.9 999.9 999.9 999.9 Zone 2 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 74.0 77.0 80.0 77.4 4.0 4.0 4.0 4.0 5.5 5.5 5.5 5.5 4.0 4.0 4.0 4.0 999.9 999.9 999.9 999.9 88.1 91.5 94.9 92.0 89.8 93.2 96.6 93.7 88.1 91.5 94.9 92.0 999.9 999.9 999.9 999.9 Zone 3 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 74.5 77.5 80.5 77.9 4.0 4.0 4.0 4.0 5.5 5.5 5.5 5.5 4.0 4.0 4.0 4.0 999.9 999.9 999.9 999.9 88.7 92.1 95.5 92.5 90.4 93.8 97.2 94.2 88.7 92.1 95.5 92.5 999.9 999.9 999.9 999.9 Zone 4 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 74.5 77.5 80.5 77.9 4.0 4.0 4.0 4.0 5.5 5.5 5.5 5.5 4.0 4.0 4.0 4.0 999.9 999.9 999.9 999.9 88.7 92.1 95.5 92.5 90.4 93.8 97.2 94.2 88.7 92.1 95.5 92.5 999.9 999.9 999.9 999.9 Zone 5 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 74.5 77.5 80.5 77.9 4.0 4.0 4.0 4.0 5.5 5.5 5.5 5.5 4.0 4.0 4.0 4.0 999.9 999.9 999.9 999.9 88.7 92.1 95.5 92.5 90.4 93.8 97.2 94.2 88.7 92.1 95.5 92.5 999.9 999.9 999.9 999.9 Zone 6 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 75.3 78.3 81.3 78.7 4.0 4.0 4.0 4.0 5.5 5.5 5.5 5.5 4.0 4.0 4.0 4.0 999.9 999.9 999.9 999.9 89.6 93.0 96.4 93.5 91.3 94.7 98.1 95.1 89.6 93.0 96.4 93.5 999.9 999.9 999.9 999.9

N.S. Reg. 186/2009 - 187/2009 Royal Gazette

Part II - Regulations Vol. 33, No. 9 © NS Registry of Regulations. Web version. 331 N.S. Reg. 186/2009 Made: April 7, 2009 Filed: April 7, 2009 Police Regulations Order in Council 2009-170 dated April 7, 2009 Amendment to regulations made by the Governor in Council pursuant to subsection 97(1) of the Police Act The Governor in Council on the report and recommendation of the Minister of Justice dated March 18, 2009, and pursuant to subsection 97(1) of

Chapter 31 of the Acts of 2004, the Police Act, is pleased to amend the Police Regulations, N.S. Reg. 230/2005, made by the Governor in Council by Order in Council 2005-567 dated December 20, 2005, by repealing subsections 39(1) and 39(2), effective on and after April 7, 2009. N.S. Reg. 187/2009 Made: April 7, 2009 Filed: April 7, 2009 Designation of Non-Profit Organizations Regulations Order in Council 2009-172 dated April 7, 2009 Amendment to regulations made by the Governor in Council pursuant to

Section 5 of the Volunteer Protection Act The Governor in Council on the report and recommendation of the Minister of Justice dated March 19, 2009, and pursuant to

Section 5 of

Chapter 14 of the Acts of 2002, the Volunteer Protection Act, is pleased to amend the Designation of Non-Profit Organizations Regulations, N.S. Reg. 158/2005, made by the Governor in Council by Order in Council 2005-327 dated July 29, 2005, in the manner set forth in

Schedule “A” attached to and forming part of the report and recommendation, effective on and after April 7, 2009.

Schedule “A” Amendment to the Designation of Non-Profit Organizations Regulations made under

Section 5 of

Chapter 14 of the Acts of 2002, the Volunteer Protection Act 1

Section 2 of the Designation of Non-Profit Organizations Regulations, N.S. Reg. 158/2005, made by the Governor in Council by Order in Council 2005-327 dated July 29, 2005, is amended by: (

a) deleting the period at the end of clause (

b) and substituting a semicolon; and (

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

c) the Progressive Conservative Association of Nova Scotia, a recognized party registered by the Chief Electoral Officer under the Elections Act, and every electoral district association of the Progressive Conservative Association of Nova Scotia that is registered under the Elections Act; (

d) the Nova Scotia Liberal Party, a recognized party registered by the Chief Electoral Officer under the Elections Act, and every electoral district association of the Liberal Association of Nova Scotia that is registered under the Elections Act;

N.S. Reg. 187/2009 - 188/2009 Royal Gazette

Part II - Regulations Vol. 33, No. 9 332 © NS Registry of Regulations. Web version. (

e) the Nova Scotia New Democratic Party, a r ecognized party registered by the Chief Electoral Officer under the Elections Act, and every electoral district association of the Nova Scotia New Democratic Party that is registered under the Elections Act; (

f) the Green Party of Nova Scotia, a recognized party registered by the Chief Electoral Officer under the Elections Act, and every electoral district association of the Green Party Association of Nova Scotia that is registered under the Elections Act. 2 The regulations are further amended by adding the following

Section immediately after

Section 2: Deemed revocation of designation 3 The designation of a recognized party and each of its electoral district associations under

Section 2 is deemed to be revoked effective the date that the party is deregistered by the Chief Electoral Officer under the Elections Act. N.S. Reg. 188/2009 Made: April 7, 2009 Filed: April 7, 2009 Proclamation, S. 3, S.N.S. 2008, c. 46 Order in Council 2009-173 dated April 7, 2009 Proclamation made by the Governor in Council pursuant to

Section 3 of the Silver Dart 100th Anniversary Act The Governor in Council on the report and recommendation of the Minister of Justice dated March 19, 2009, pursuant to

Section 3 of

Chapter 46 of the Acts of 2008, the Silver Dart 100th Anniversary Act, is pleased to order and declare by proclamation that

Chapter 46 of the Acts of 2008, the Silver Dart 100th Anniversary Act, do come into force on and not before April 7, 2009. PROVINCE OF NOVA SCOTIA sgd: J. Michael MacDonald 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: A PROCLAMATION

WHEREAS in and by

Section 3 of

Chapter 46 of the Acts of 2008, the Silver Dart 100th Anniversary Act, it is enacted as follows: 3 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 46 of the Acts of 2008, the Silver Dart 100th Anniversary Act, do come into force on and not before April 7, 2009;

N.S. Reg. 188/2009 - 189/2009 Royal Gazette

Part II - Regulations Vol. 33, No. 9 © NS Registry of Regulations. Web version. 333 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 46 of the Acts of 2008, the Silver Dart 100th Anniversary Act, do come into force on and not before April 7, 2009, 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 the Honourable J. Michael MacDonald, Administrator of the Government of the Province of Nova Scotia.

AT Our Law Courts in the Halifax Regional Municipality, this 7th day of April in the year of Our Lord two thousand and nine and in the fifty- eighth year of Our Reign. BY COMMAND: sgd: Cecil P. Clarke Provincial Secretary Minister of Justice and Attorney General N.S. Reg. 189/2009 Made: April 7, 2009 Filed: April 7, 2009

Summary Offence Tickets Regulations Order in Council 2009-174 dated April 7, 2009 Amendment to regulations made by the Governor in Council pursuant to

Section 8 of the

Summary Proceedings Act The Governor in Council on the report and recommendation of the Minister of Justice and Attorney General dated March 19, 2009, and pursuant to

Section 8 of

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

Summary Proceedings Act, is pleased to amend

Schedule 4A of the

Summary Offence Tickets Regulations, N.S. Reg. 4/2001, made by the Governor in Council by Order in Council 2001-21 dated January 18, 2001, to designate an offence under the Vehicle Inspection Regulations, N.S. Reg. 214/2006, as a

summary offence ticket offence and set the out-of-court settlement amount for the offence, in the manner set forth in

Schedule “A” attached to and forming part of the report and recommendation, effective on and after June 1, 2009. Order I, Cecil P. Clarke, Minister of Justice and Attorney General of Nova Scotia, hereby order and direct pursuant to

Section 8 of

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

Summary Proceedings Act, that the penalty to be entered on a summons in respect of the offences set out in amendments to the Schedules to the

Summary Offence Tickets Regulations, N.S. Reg. 4/2001, as set forth in

Schedule “A”, is the

N.S. Reg. 189/2009 - 190/2009 Royal Gazette

Part II - Regulations Vol. 33, No. 9 334 © NS Registry of Regulations. Web version. amount of the out-of-court settlement set out opposite the description of that offence, and the out-of-court settlement amount includes the charge provided for in, and in accordance with, Sections 8 and 9 of the Act. This Order is effective on and after the making by the Governor in Council of the amendments to the

Summary Offence Tickets Regulations set out in

Schedule “A”. Dated and made March 19, 2009, at Halifax, Halifax Regional Municipality, Province of Nova Scotia. Sgd.: Cecil P. Clarke Honourable Cecil P. Clarke Minister of Justice and Attorney General of Nova Scotia

Schedule “A” Amendment to the

Summary Offence Tickets Regulations made by the Governor in Council pursuant to

Section 8 of

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

Summary Proceedings Act

Schedule 4A of the

Summary Offence Tickets Regulations, N.S. Reg. 4/2001, made by the Governor in Council by Order in Council 2001-21 dated January 18, 2001, is amended under the heading “Motor Vehicle Inspection Regulations (MVIR)” by: (

a) striking out “Selling” in item 19 and substituting “D ealer selling Type 1 new vehicle or Type 2”; and (

b) adding the following item immediately after item 19: 19A. Selling Type 1 used vehicle or Type 2 vehicle that has not been inspected or certified by tester or vehicle inspector within 30 days before the date the vehicle is sold or that does not have valid approval sticker and corresponding inspection certificate (specify) 28(1A) G N.S.

Reg. 190/2009 Made: April 14, 2009 Filed: April 14, 2009 Fee Waivers for Victims Regulations Order in Council 2009-181 dated April 14, 2009 Regulations made by the Governor in Council pursuant to subsection 2(1A) of the Costs and Fees Act The Governor in Council on the report and recommendation of the Minister of Justice dated March 25, 2009, and pursuant to subsection 2(1A) of

Chapter 104 of the Revised Statutes of Nova Scotia, 1989, the Costs and Fees Act, is pleased to make new regulations respecting waiving fees for victims in the form set forth in

Schedule “A” attached to and forming part of the report and recommendation, effective on and after April 14, 2009.

N.S. Reg. 190/2009 - 191/2009 Royal Gazette

Part II - Regulations Vol. 33, No. 9 © NS Registry of Regulations. Web version. 335

Schedule “A” Regulations Respecting Waiving Fees for Victims made by the Governor in Council pursuant to subsection 2(1A) of

Chapter 104 of the Revised Statutes of Nova Scotia, 1989, the Costs and Fees Act Citation 1 These regulations may be cited as the Fee Waivers for Victims Regulations.

Definitions 2 In these regulations, (a) “Act” means the Costs and Fees Act; (b) “restitution order” means an order ma de under

section 732.1,

section 738,

section 739 or

section 742.3 of the Criminal Code (Canada) ordering an amount to be paid as restitution to a person; (c) “victim” means victim as defined in the Victims’ Rights and Services Act. Fee to be waived 3 A person responsible for collecting a fee under the Act must waive the fee payable by a victim for any of the following: (

a) filing a restitution order; (

b) entering as a judgment the amount ordered to be paid under a restitution order; (

c) enforcing a restitution order. N.S. Reg. 191/2009 Made: April 14, 2009 Filed: April 14, 2009 Designation of Persons Who May Access Records Order in Council 2009-182 dated April 14, 2009 Designation made by the Governor in Council pursuant to paragraph 119(1)(

r) of the Youth Criminal Justice Act The Governor in Council on the report and recommendation of the Minister of Justice dated March 26, 2009, and pursuant to paragraph 119(1)(

r) of

Chapter 1 of the Statutes of Canada, 2002, the Youth Criminal Justice Act, is pleased, effective on and after April 14, 2009, to designate persons engaged in the “Time to Fight Crime Together” Strategy–Youth Court Liaison Worker Pilot Project as members of a class of persons who shall have access to records kept pursuant to

section 114 and may have access to records kept pursuant to sections 115 and 116 of the Youth Criminal Justice Act, to the extent and in the manner set out in the Pilot Project Agreement between the Government of Nova Scotia and the John Howard Society of Nova Scotia.

N.S. Reg. 192/2009 Royal Gazette

Part II - Regulations Vol. 33, No. 9 336 © NS Registry of Regulations. Web version. N.S. Reg. 192/2009 Made: April 14, 2009 Filed: April 14, 2009 Proclamation, S. 37, S.N.S. 2008, c. 19 Order in Council 2009-183 dated April 14, 2009 Proclamation made by the Governor in Council pursuant to

Section 37 of

An Act to Amend

Chapter 6 of the Acts of 2001, the Land Registration Act The Governor in Council on the report and recommendation of the Minister of Service Nova Scotia and Municipal Relations dated April 1, 2009, pursuant to

Section 37 of

Chapter 19 of the Acts of 2008,

An Act to Amend

Chapter 6 of the Acts of 2001, the Land Registration Act, is pleased to order and declare by proclamation that

Chapter 19 of the Acts of 2008,

An Act to Amend

Chapter 6 of the Acts of 2001, the Land Registration Act, do come into force on and not before May 4, 2009. PROVINCE OF NOVA SCOTIA sgd: Mayann Francis 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: A PROCLAMATION

WHEREAS in and by

Section 37 of

Chapter 19 of the Acts of 2008,

An Act to Amend

Chapter 6 of the Acts of 2001, the Land Registration Act, it is enacted as follows: 37 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 19 of the Acts of 2008,

An Act to Amend

Chapter 6 of the Acts of 2001, the Land Registration Act, do come into force on and not before May 4, 2009; 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 19 of the Acts of 2008,

An Act to Amend

Chapter 6 of the Acts of 2001, the Land Registration Act, do come into force on and not before May 4, 2009, of which all persons concerned are to take notice and govern themselves accordingly. IN TESTIMONY WHEREOF We have caused these our Letters to be made Patent and the Great Seal of Nova Scotia to be hereunto affixed. WITNESS, Our Trusty and Well Beloved Her Honour the Honourable Mayann E. Francis, Lieutenant Governor of the Province of Nova Scotia.

N.S. Reg. 192/2009 - 193/2009 Royal Gazette

Part II - Regulations Vol. 33, No. 9 © NS Registry of Regulations. Web version. 337 AT Our Government House in the Halifax Regional Municipality, this 14th day of April in the year of Our Lord two thousand and nine and in the fifty- eighth year of Our Reign. BY COMMAND: sgd: Cecil P. Clarke Provincial Secretary Minister of Justice and Attorney General N.S. Reg. 193/2009 to 194/2009 Made: April 14, 2009 Filed: April 14, 2009 Designation of Bird Islands Wildlife Management Area and The Bird Islands Wildlife Management Area Regulations Order in Council 2009-184 dated April 14, 2009 Designation and regulations made by the Governor in Council pursuant to

Section 15 and subsection 113(1) of the Wildlife Act The Governor in Council on the report and recommendation of the Minister of Natural Resources dated March 11, 2009, and pursuant to

Section 15 and subsection 113(1) of

Chapter 504 of the Revised Statutes of Nova Scotia, 1989, the Wildlife Act, is pleased, effective on and after April 14, 2009, to (

a) designate an area of land described in

Schedule “A” attached to and forming part of the report and recommendation to be a wildlife management area, to be known as the Bird Islands Wildlife Management Area; and (

b) make regulations respecting the Bird Islands Wildlife Management Area in the form set forth in

Schedule “B” attached to and forming part of the report and recommendation. N.S. Reg. 193/2009 Designation of Bird Islands Wildlife Management Area

Schedule “A” Designation of Bird Islands Wildlife Management Area made by the Governor in Council pursuant to

Section 15 of

Chapter 504 of the Revised Statutes of Nova Scotia, 1989, the Wildlife Act The following area, the approximate boundaries of which are shown in the map attached as Appendix A to this designation, is designated as a wildlife management area to be known as Bird Islands Wildlife Management Area: All and singular those certain lots, pieces and parcels of land and land covered by water commonly referred to as Bird Islands, situate, lying and being off the shoreline of Cape Dauphin, in the County of Victoria, Province of Nova Scotia as showing on Nova Scotia Department of Natural Resources Field Plot P-076/93-2, and being more particularly described as follows:

N.S. Reg. 193/2009 Royal Gazette

Part II - Regulations Vol. 33, No. 9 338 © NS Registry of Regulations. Web version.

Commencing at Nova Scotia Control Monument No. 2120 situate near Hectors Point, Victoria County, Nova Scotia; Thence North 31E 27' 30'' East a distance of 3130 m more or less to the Point of Beginning, said point being 2000 m more or less seaward from the shoreline of Cape Dauphin; Thence North 52E 11' 30'' West a distance of 1158 m more or less to a point; Thence North 37E 27' 00'' East a distance of 4736 m more or less to a point; Thence South 52E 11' 30'' East a distance of 1158 m more or less to a point; Thence South 37E 27' 00'' West a distance of 4736 m more or less to the point of beginning; Being and intended to be all that land contained within Ciboux Island and Hertford Island known collectively as Bird Islands, and also all that land covered by water surrounding the said Bird Islands contained within the afore described perimeter boundary, said perimeter being approximately 500 m from the ordinary high water mark of the said Bird Islands and containing a total area of 550 ha more or less of land and land covered by water.

N.S. Reg. 193/2009 Royal Gazette

Part II - Regulations Vol. 33, No. 9 © NS Registry of Regulations. Web version. 339 Appendix “A” Map of Approximate Boundaries of Bird Islands Wildlife Management Area

N.S. Reg. 194/2009 Royal Gazette

Part II - Regulations Vol. 33, No. 9 340 © NS Registry of Regulations. Web version. N.S. Reg. 194/2009 The Bird Islands Wildlife Management Area Regulations

Schedule “B” Regulations Respecting the Management of the Bird Islands Wildlife Management Area made under

Section 15 and subsection 113(1) of

Chapter 504 of the Revised Statutes of Nova Scotia, 1989, the Wildlife Act Citation 1 These regulations may be cited as The Bird Islands Wildlife Management Area Regulations. Purpose 2 The purpose of these regulations is to provide for the conservation of colonial seabirds, other wildlife and their habitats, as well as support the protection and maintenance of biodiversity including its constituent species, genes, ecosystems and ecological processes on the Bird Islands, Victoria County, Nova Scotia.

Definitions 3 In these regulations, (a) “Act” means the Wildlife Act; (b) “Director” means the Director of Wildlife, as defined in the Act; (c) “Management Area” means the Bird Islands Wildlife Management Area; (d) “owner” means a person who holds legal title to real property within the Management Area. No unauthorized altering of wildlife habitats 4( 1 ) A person must not alter a wildlife habitat and supporting ecosystems in the Management Area, or any live or dead vegetation or structures in the wildlife habitat that provide food or cover for wildlife, without the written authorization of the Director.

(2) The Director must not authorize a person under subsection (1) if the alteration would have an adverse effect on colonial seabird populations, wildlife habitats and supporting ecosystems. Restricted entry 5( 1 ) A person who is not an owner must not enter or remain on the islands in the Management Area without the written authorization of the Director.

(2) Before seeking the written authorization of the Director under subsection (1), a person must first obtain the written authorization of the owner to enter or remain on their privately owned land within the Management Area. No camping or fires 6 A person must not camp or light or maintain a fire in the Management Area. No vehicles 7 A person must not operate a vehicle in the Management Area.

N.S. Reg. 194/2009 - 195/2009 Royal Gazette

Part II - Regulations Vol. 33, No. 9 © NS Registry of Regulations. Web version. 341 No disturbing wildlife 8( 1 ) Except as provided in subsection (2) or as permitted by other regulations made under the Act, after March 31 and before September 1, a person must not do any of the following: (

a) disturb any colonial seabirds or other wildlife in the Management Area; (

b) hunt in the Management Area; (

c) discharge a firearm in or over the Management Area.

(2) The Director may give a person written authorization to remove any animals from the Management Area if the animals are threatening the colonial seabird population, wildlife habitat and supporting ecosystems. N.S. Reg. 195/2009 Made: April 14, 2009 Filed: April 14, 2009 Proclamation, S. 32(5), S.N.S. 2008, c. 2 Order in Council 2009-187 dated April 14, 2009 Proclamation made by the Governor in Council pursuant to subsection 32(5) of the Financial Measures

(2008) Act The Governor in Council on the report and recommendation of the Minister of Transportation and Infrastructure Renewal dated March 31, 2009, pursuant to subsection (5) of

Section 32 of

Chapter 2 of the Acts of 2008, the Financial Measures

(2008) Act, and subsection (7) of

Section 3 of

Chapter 235 of the Revised Statutes, 1989, the

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

Section 27 of

Chapter 2 of the Acts of 2008, the Financial Measures

(2008) Act, which amends

Chapter 293 of the Revised Statutes, 1989, the Motor Vehicle Act, do come into force on and not before April 14, 2009, with retroactive effect to April 1, 2008. PROVINCE OF NOVA SCOTIA sgd: Mayann Francis 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: A PROCLAMATION

WHEREAS in and by subsection (5) of

Section 32 of

Chapter 2 of the Acts of 2008, the Financial Measures

(2008) Act, it is enacted as follows: 32

(5) Sections 2 to 4, 27, 28 and 31 have effect on and after April 1, 2008, upon the Governor in Council so ordering by proclamation.

N.S. Reg. 195/2009 - 196/2009 Royal Gazette

Part II - Regulations Vol. 33, No. 9 342 © NS Registry of Regulations. Web version. AND

WHEREAS it is deemed expedient that

Section 27 of

Chapter 2 of the Acts of 2008, the Financial Measures

(2008) Act, which amends

Chapter 293 of the Revised Statutes, 1989, the Motor Vehicle Act, do come into force on and not before April 14, 2009, with retroactive effect to April 1, 2008; 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

Section 27 of

Chapter 2 of the Acts of 2008, the Financial Measures

(2008) Act, which amends

Chapter 293 of the Revised Statutes, 1989, the Motor Vehicle Act, do come into force on and not before April 14, 2009, with retroactive effect to April 1, 2008, of which all persons concerned are to take notice and govern themselves accordingly. IN TESTIMONY WHEREOF We have caused these our Letters to be made Patent and the Great Seal of Nova Scotia to be hereunto affixed. WITNESS, Our Trusty and Well Beloved Her Honour the Honourable Mayann E. Francis, Lieutenant Governor of the Province of Nova Scotia.

AT Our Government House in the Halifax Regional Municipality, this 14th day of April in the year of Our Lord two thousand and nine and in the fifty- eighth year of Our Reign. BY COMMAND: sgd: Cecil P. Clarke Provincial Secretary Minister of Justice and Attorney General N.S. Reg. 196/2009 Made: April 14, 2009 Filed: April 14, 2009 Proclamation, S. 68, S.N.S. 2006, c. 17 Order in Council 2009-192 dated April 14, 2009 Proclamation made by the Governor in Council pursuant to

Section 68 of the Licensed Practical Nurses Act The Governor in Council on the report and recommendation of the Minister of Health dated March 25, 2009, pursuant to

Section 68 of

Chapter 17 of the Acts of 2006, the Licensed Practical Nurses Act, is pleased to order and declare by proclamation that

Chapter 17 of the Acts of 2006, the Licensed Practical Nurses Act, do come into force on and not before May 1, 2009. PROVINCE OF NOVA SCOTIA sgd: Mayann Francis 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.

N.S. Reg. 196/2009 Royal Gazette

Part II - Regulations Vol. 33, No. 9 © NS Registry of Regulations. Web version. 343 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: A PROCLAMATION

WHEREAS in and by

Section 68 of

Chapter 17 of the Acts of 2006, the Licensed Practical Nurses Act, it is enacted as follows: 68 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 17 of the Acts of 2006, the Licensed Practical Nurses Act, do come into force on and not before May 1, 2009; 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 17 of the Acts of 2006, the Licensed Practical Nurses Act, do come into force on and not before May 1, 2009, of which all persons concerned are to take notice and govern themselves accordingly. IN TESTIMONY WHEREOF We have caused these our Letters to be made Patent and the Great Seal of Nova Scotia to be hereunto affixed. WITNESS, Our Trusty and Well Beloved Her Honour the Honourable Mayann E. Francis, Lieutenant Governor of the Province of Nova Scotia.

AT Our Government House in the Halifax Regional Municipality, this 14th day of April in the year of Our Lord two thousand and nine and in the fifty- eighth year of Our Reign. BY COMMAND: sgd: Cecil P. Clarke Provincial Secretary Minister of Justice and Attorney General

N.S. Reg. 197/2009 Royal Gazette

Part II - Regulations Vol. 33, No. 9 344 © NS Registry of Regulations. Web version. N.S. Reg. 197/2009 Made: September 28, 2007 Approved: April 14, 2009 Filed: April 14, 2009 Licensed Practical Nurses Regulations Order in Council 2009-193 dated April 14, 2009 Regulations made by the Board of the College of Licensed Practical Nurses of Nova Scotia and approved by the Governor in Council pursuant to subsection 9(2) of the Licensed Practical Nurses Act The Governor in Council on the report and recommendation of the Minister of Health dated March 25, 2009, and pursuant to subsection 9(2) of

Chapter 17 of the Acts of 2006, the Licensed Practical Nurses Act, is pleased, effective on and after May 1, 2009, to approve of (

a) the repeal by the Board of the College of Licensed Practical Nurses of Nova Scotia of the Licensed Practical Nurses Regulations, N.S. Reg. 80/2002, made by the Board of the College of Licensed Practical Nurses of Nova Scotia, and approved by the Governor in Council by Order in Council 2002-275 dated June 6, 2002; and (

b) new regulations made by the Board of the Co llege of Licensed Practical Nurses of Nova Scotia respecting licensed practical nurses in the form set forth in

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

Schedule “A” I hereby certify that at a duly convened meeting of the Board of the College of Licensed Practical Nurses of Nova Scotia held on September 28, 2007, the Board carried a motion to approve the attached regulations pursuant to subsection 9(2) of

Chapter 17 of the Acts of 2006, the Licensed Practical Nurses Act. I further certify at the same duly convened meeting, the Board carried a motion to approve the repeal of the Licensed Practical Nurses Regulations, N.S. Reg. 80/2002, approved by the Governor in Council by Order in Council 2002-275, and dated June 6, 2002. Dated at Halifax, Nova Scotia this 9th day of April, 2008. Board of the College of Licensed Practical Nurses of Nova Scotia PER: sgd.: Agnes MacDonald Agnes MacDonald, Board Chair Regulations Respecting Licensed Practical Nurses made by the Board of the College of Licensed Practical Nurses of Nova Scotia pursuant to subsection 9(2) of

Chapter 17 of the Acts of 2006, the Licensed Practical Nurses Act

Part 1: General Citation 1 These regulations may be cited as the Licensed Practical Nurses Regulations.

Definitions for Act and regulations 2( 1 ) In these regulations, (a) “Act” means the Licensed Practical Nurses Act;

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Part II - Regulations Vol. 33, No. 9 © NS Registry of Regulations. Web version. 345 (b) “caution” means a determination by the Co mplaints Committee that a member has breached the standards of professional ethics or practice expected of members in circumstances that do not constitute professional misconduct, conduct unbecoming, incompetence or incapacity, and a caution is not considered to be a licensing sanction; (c) “competence assessment” means a process approve d by the Executive Director-Registrar for assessing competencies that uses the methods and tools described in

Section 9; (d) “competencies” means the specific knowledge , skills and judgment required for a licensed practical nurse to be considered competent in a designated role and practice setting; (e) “competent” means the ability to integrat e and apply the knowledge, skills and judgment required to practise safely and ethically in a designated role and practice setting; (f) “counsel” means a determination by the Complaints Committee that a member could benefit from professional guidance from the College about the subject matter of the complaint, but the member’s conduct does not constitute professional misconduct, conduct unbecoming, incompetence or incapacity, and a counsel is not considered to be a licensing sanction; (g) “licensing year” means a 12-month period determined by the Board; (h) “practical nursing re-entry program” means a program approved by the Board that tests licensed practical nursing knowledge and provides for a period of preceptored clinical practice; (i) “remedial agreement” means an agreemen t approved by the Fitness to Practise Committee setting out the terms and conditions to be met by a member to address issues of incapacity.

(2) In the Act and these regulations, (a) “practice setting” includes acute-care settings, community-based settings and non-acute-care settings; (b) “witness” is further defined to incl ude the College and its representatives.

(3) For the purposes of

Section 37 of the Act only, “Complaints Committee” is further defined to include an investigator. Practical-Nursing Education Programs Admission standards for practical-nursing education programs 3( 1 ) A practical-nursing education program in the Province must not admit a person into the program unless the person meets all of the following criteria and qualifications: (

a) the person is in good health and immunized in accordance with the Department of Health’s immunization programs; (

b) the person meets 1 of the following educational requirements: (

i) they have earned a certificate of education, issued under the authorization of a school board for completion of Grade XII, and have a transcript showing credits at the Grade XII level prescribed or approved by the Department of Education in

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A) English, (

B) mathematics, (

C) any 2 of the following or any 2 sciences approved by the Board: (

I) chemistry, (II) biology, (III) physics, (ii) they have attained the equivalent of the credits specified in subclause (i), as determined by the Department of Education. Evaluation of practical-nursing education programs 4( 1 ) A practical-nursing education program that is approved by the Board for the first time must be evaluated no later than 3 years after the initial approval.

(2) After being evaluated under subsection (1), a practical-nursing education program must be re-evaluated once every 5 years in accordance with standards set by the Board.

(3) A practical-nursing education program in existence on the date these regulations come into force must be re-evaluated once every 5 years in accordance with standards set by the Board. Board Composition of Board and terms of office 5( 1 ) The Board must be composed of all of the following persons: (a) 4 public representatives appointed by the Governor in Council; (b) 6 licensed practical nurses elected in accordance with the bylaws; (c) 1 registered nurse appointed by the Colle ge of Registered Nurses of Nova Scotia.

(2) Licensed practical nurses elected to the Board under clause (1)(

b) must be elected to office for a 2-year term.

(3) Public representatives appointed to the Board under clause (1)(

a) and the registered nurse appointed to the Board under clause (1)(

c) must be appointed for a 3-year term.

(4) A Board member may be re-elected or reappointed to the Board for 1 additional consecutive term.

(5) A Board member who has been a member for the maximum number of consecutive terms may be re-elected or reappointed to the Board no sooner than 2 years after the end of their last term. Vacancies on Board 6( 1 ) A vacancy on the Board for a licensed practical nurse may be filled by a member selected by the Board from the same electoral district as the outgoing Board member for the remainder of the outgoing member’s term.

(2) A vacancy on the Board for a public representative must be filled by the Governor in Council for the term set out in subsection 5(3).

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(3) A vacancy on the Board for a registered nurse must be filled by the College of Registered Nurses of Nova Scotia for the term set out in subsection 5(3).

Part 2: Registration, Licensing and Membership Register and Rosters Information on Register 7 In addition to the name of the qualified person, as required by subsection 10(1) of the Act, the Register must contain all of the following information for each member: (

a) a unique registration number; (

b) the name and location of the school of practical nursing the member graduated from; (

c) the year the member graduated from the school of practical nursing; (

d) the date of entry in the Register. Categories of licences 8( 1 ) The following are the categories of licences under the Act: (

a) active-practising; (

b) active-practising with conditions or restrictions; (

c) temporary; (

d) graduate-practising.

(2) The roster for each category of licence must be made available to the public. Registration Competence assessment 9( 1 ) The methods used in a competence assessment may include, but are not limited to, interviewing, verification of documents, observation, reflective practice, self-assessments or testing.

(2) The tools used in a competence assessment may include, but are not limited to, chart audits, self-assessments, written tests or live demonstrations of competencies. Registration qualifications for graduates of practical-nursing education programs in Province 10

(1) The following are the qualifications required for registration of a graduate of a practical-nursing education program in the Province: (

a) graduation from a practical-nursing education program in the Province; (

b) successful completion of the registration examinations approved by the Board; (

c) payment of the applicable registration fee prescribed by the Board; (

d) demonstrated proficiency in the English langua ge in the manner determined by the Executive Director-Registrar; (

e) meeting the criteria for entry in the active-practising roster in

Section 12, or the active-practising with conditions or restrictions roster in

Section 14.

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(2) If the Executive Director-Registrar is satisfied that an applicant meets all of the criteria required by subsection (1), the applicant’s name must be entered in the register. Registration qualifications for graduates of programs outside Province 11

(1) The following are the qualifications required for registration of a graduate of a program outside the Province: (

a) graduation from a program that qualifies the applicant to be a licensed practical nurse or equivalent in the jurisdiction of the program and either (

i) the Executive Director-Registrar determin es that the program, with or without any additional education the Executive-Director Registrar may require, is substantially equivalent to a practical-nursing education program, or (ii) the applicant satisfactorily completes a competence assessment; (

b) current or previous registration in the juri sdiction where the applicant completed the program referred to in clause (a); (

c) if the applicant is currently licensed in any other jurisdictions, the applicant holds an active- practising licence or its equivalent in those jurisdictions; (

d) if the applicant was previously licensed in any other jurisdiction, the applicant held an active- practising licence or its equivalent in the jurisdiction where the applicant last held a licence; (

e) demonstrated proficiency in the English langua ge in the manner determined by the Executive Director-Registrar; (

f) meeting the qualifications in subclauses 10(1)(

b) to (e);

(2) If the Executive Director-Registrar is satisfied that an applicant meets all of the criteria required by subsection (1), the applicant’s name must be entered in the register. Active-Practising Members Criteria for entry in active-practising roster 12 The Executive Director-Registrar must record the name of a member in the active-practising roster who meets all of the following criteria: (

a) the member has paid the applicab le licence fee prescribed by the Board; (

b) the member is not currently subject to any disciplinary finding that would prohibit the practice of practical nursing; (

c) the member is not currently under investiga tion by any registration or licensing authority; (

d) the member has provided any information the Executive Director-Registrar requires to establish that the applicant has the capacity, competence, capability and character to safely and ethically practise practical nursing; (

e) the member has provided any information the Executive Director-Registrar requires to establish that

Section 42 of the Act does not apply to the applicant;

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f) except as provided in

Section 16, the member has completed the requirements of a continuing competence program; (

g) the member meets 1 of the following: (

i) the member has graduated from the practi cal-nursing education program or equivalent program required by

Section 10 or 11 in the 5 years immediately before their application for entry in the active-practising roster, (ii) the member has completed at least 1000 hours in the practice of practical nursing in the 5 years immediately before their application for entry in the active-practising roster, (iii) the member has completed at least 500 hours in the practice of practical nursing in the year immediately before their application for entry in the active-practising roster, (iv) as determined by the Executive Direct or-Registrar, the member has successfully completed 1 of the following in the 5 years immediately before their application for entry in the active-practising roster: (

A) a practical nursing re-entry program, (

B) a competence assessment, (

C) a program approved by the Board, (

v) the member is enrolled in and attending a practical nursing program approved by the Executive Director-Registrar, and has met all other criteria for entry in the active-practising roster at the time they enrolled in the program; (

h) the member’s ability to practise practical nursing is not subject to any conditions or restrictions. Entitlements of members in active-practising roster 13 A member whose name is in the active-practising roster is entitled to all of the following: (

a) use the title “Licensed Practical Nurse”, or “Practical Nurse” or the designation “L.P.N.”, “LPN”, “P.N.”, or “PN”; (

b) practise practical nursing in accordance with the Act; (

c) be covered under any group professional liab ility plan to which the College belongs; (

d) upon election to the Board, hold office; (

e) be eligible to serve as an appointed member on any committee of the College; (

f) be eligible to act as an elected or appointed voting delegate to the annual or special meeting of the College; (

g) receive official College publications. Criteria for entry in active-practising with conditions or restrictions roster 14 The Executive Director-Registrar must record the name of a member in the active-practising with conditions or restrictions roster who meets all of the criteria for entry in the active-practising roster in

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Section 12, other than the criterion in clause (h), and has conditions or restrictions placed on their licence as a result of any of the following: (

a) the conditions or limitations are conti nued from the member’s previous licence under subsection 11(4) of the Act; (

b) the conditions or restrictions are placed on the member’s licence by the Executive Director- Registrar under

Section 12 of the Act; (

c) the conditions or restrictions are placed on the member’s licence as a result of a decision of any of the following committees or an equivalent committee from another jurisdiction: (

i) the Complaints Committee, (ii) the Fitness to Practise Committee, (iii) the Professional Conduct Committee, (iv) the Re-instatement Committee, (

v) the Registration Appeal Committee, (vi) any committee of the College authorized to impose conditions or restrictions on an active-practising licence. Entitlements of members in active-practising with conditions or restrictions roster 15 A member in the active-practising with conditions or restrictions roster is entitled to all of the privileges listed in

Section 13, subject to the particular conditions and restrictions that are placed on the member’s licence. Active-practising licences issued without completion of continuing competence program 16

(1) An active-practising licence issued under subsection 12(2) of the Act to a person who has not yet completed the continuing competence program required by clause 12(

f) is limited to a maximum of 3 months and expires on the earliest of all of the following dates: (a) 3 months after the licence’s effective date; (

b) the last day of the licensing year the licence was issued for; (

c) the date the applicant completes the require ments of the continuing competence program and is issued a new licence for the remainder of the licensing year.

(2) A licence issued under subsection 12(2) of the Act must not be issued to an applicant more than once during any licensing year.

(3) The Executive Director-Registrar must keep a record of all licences issued under subsection 12(2) of the Act. Term and renewal of active-practising licence 17

(1) Unless it otherwise expires, or is suspended, revoked or replaced with a licence with restrictions or conditions, an active-practising licence or an active-practising licence with conditions or restrictions remains in effect until the end of the licensing year in which it is issued.

(2) The Executive Director-Registrar must renew an active-practising licence or an active-practising licence with conditions or restrictions if the licence holder does all of the following:

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a) applies for renewal and pays the appli cable renewal fee prescribed by the Board; (

b) meets all criteria for entry in the applicable roster in

Section 12 or 14, except any requirement to pay fees for initial entry in the roster. Member removed from roster if licence not renewed 18 The Executive Director-Registrar must remove the name of a member who does not renew their licence in accordance with subsection 17(2) from the applicable roster, effective the day after their licence expires, and the member remains non-active until their name is restored under subsection 21(2) of the Act. Members in Temporary Rosters Criteria for entry in temporary practising roster 19 The Executive Director-Registrar must record in the temporary practising roster the name of a person who has been issued a temporary licence under

Section 13 of the Act. Entitlements of members in temporary practising roster 20 A member in a temporary practising roster is entitled to all of the following: (

a) practise practical nursing, subject to any limitations imposed on the licence; (

b) use the title “Licensed Practical Nurse” or “P ractical Nurse”, or the designation “L.P.N.”, “LPN”, “P.N.”, or “PN”. Expiry of temporary licences 21 A temporary licence issued under

Section 13 of the Act expires on the earliest of all of the following dates: (

a) the date the College receives notice that the licence holder has failed the applicable registration examinations; (

b) the date that an active-practising licence is issued to the licence holder; (

c) the expiry date of the temporary licence; (

d) the date the temporary licence is suspe nded or revoked under the professional conduct process. Graduate Practising Members Criteria for entry in the graduate practising licence roster 22 The Executive Director-Registrar must record the name of a person in the graduate practising roster and issue a graduate practising licence to a person who has not yet taken the registration examination, but who meets all of the following criteria: (

a) the person has paid the applicable fee prescribed by the Board; (

b) the person has graduated from a practical-nursi ng education program or equivalent program in accordance with

Section 10 and 11 in the 6 months immediately before their application for entry in the graduate practising roster; (

c) the person has applied to take the registration examination and paid the applicable examination fee prescribed by the Board.

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Section 22 is limited to a maximum of 3 months and expires on the earliest of the following dates: (a) 3 months from the date the graduate practising licence is issued; (

b) the date the College receives notice that the licence holder has failed their registration examination; (

c) the date an active-practising licence is issued to the licence holder. Restrictions, Conditions and Waivers Restrictions or conditions on previous licence 25 Restrictions or conditions imposed on a member’s licence that have not expired remain in effect on any new licence issued to the member. Waiver by Executive Director-Registrar of criteria for registration or licensing 26 The Executive Director-Registrar may waive any of the criteria for registration or licensing required by these regulations for either of the following reasons: (

a) it is required by law; (

b) it is consistent with the objects and purpo se of the College and the Executive Director- Registrar considers it necessary.

Part 3: Records and Verification of Records Members’ records of hours of work 27

(1) A member must keep a record of the hours that the member worked in the practice of practical nursing that covers at least the immediately previous 5 years.

(2) The College may at any time conduct an audit of records kept under subsection (1) to ensure the validity of data that is recorded on applications to the College respecting hours worked in the practice of practical nursing. Verification of continuing competence requirements 28

(1) On a random basis or another basis determined by the Board, the College may conduct a verification of a member’s self-assessment tool to ensure the validity of data that is recorded on applications to the College respecting completion of the continuing competence program.

(2) Information disclosed to the College in the course of conducting a verification under subsection (1) is subject to the non-disclosure provisions of

Section 62 of the Act.

(3) If the results of a verification conducted under subsection (1) reveal that a member has misrepresented information to the College respecting compliance with the continuing competence program, the person who conducted the verification may initiate a complaint against the member in accordance with the Act and these regulations.

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(4) If a verification conducted under subsection (1) reveals that a member has not completed the requirements of the continuing competence program, the person conducting the verification may recommend that the Executive Director-Registrar issue an active-practising licence under subsection 12(2) of the Act to allow the member time to complete the requirements of the continuing competence program.

Part 4: Professional Conduct Initiating and Investigating Complaint Complaints against members 29

(1) A complaint initiated by a body corporate, association or person other than the Executive Director- Registrar must be in writing and sent to the Executive Director-Registrar.

(2) Receipt of a letter of termination stating that a member’s employment as a licensed practical nurse has been terminated because of professional misconduct, conduct unbecoming, incompetence or incapacity is deemed to constitute initiation of a complaint under subsection 36(1) of the Act. Referral of complaint by Executive Director-Registrar 30 On receiving a complaint, the Executive Director-Registrar must do 1 of the following: (

a) refer the matter to the Complaints Committ ee and send a copy of the complaint to the respondent; (

b) refer the matter to the Fitness to Practise Committee in accordance with subsection 39(1) of the Act, and send a copy of the complaint to the respondent; (

c) informally resolve the complaint in the inter ests of the respondent, the complainant, the public and the College; (

d) appoint an investigator to investigate the matter and send a copy of the complaint to the respondent and the investigator. Preliminary investigation 31

(1) When investigating a complaint under clause 30(d), an investigator may do 1 or more of the following: (

a) request additional documents and written or oral explanations from the complainant, the respondent or third parties; (

b) request an interview with the compla inant, the respondent or third parties.

(2) An investigator may investigate any matter relating to the respondent that arises in the course of the investigation, in addition to the complaint, that may constitute any of the following: (

a) professional misconduct; (

b) conduct unbecoming; (

c) incompetence; (

d) incapacity.

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(3) A respondent may submit medical information and any other information relevant to the complaint to an investigator.

(4) When an investigation is finished, the investigator must prepare a report of the investigation and send a copy to the Complaints Committee. Fines imposed for practising without licence 32

(1) If the Executive Director-Registrar is satisfied that an investigation establishes that a member has engaged in the practice of practical nursing without a valid licence, the Executive Director-Registrar may fine the member an amount approved by the Board.

(2) If a member fails to pay a fine imposed under subsection (1), the Executive Director-Registrar must immediately refer the matter to the Complaints Committee.

(3) On receiving a referral under subsection (2), the Complaints Committee may direct the Executive Director-Registrar to suspend the member’s licence or suspend the ability of the member to obtain a licence until the fine is paid, together with any reinstatement fee ordered by the Complaints Committee.

(4) A fine imposed on a member under subsection (1) is not a licensing sanction against the member and must not be reported on a certificate of standing sent to other practical nursing jurisdictions.

(5) The Executive Director-Registrar may take such steps, at the expense of a member who has been suspended for non-payment of a fine under this Section, to bring the suspension to the attention of the public and other affected individuals the Executive Director-Registrar considers necessary. Referring complaint to Complaints Committee during investigation 33 The Executive Director-Registrar may refer a complaint to the Complaints Committee at any time during an investigation for the Complaints Committee to (

a) provide direction with rega rd to the investigation; or (

b) exercise any of the powers conferre d upon it under the Act and these regulations. Additional information to Complaints Committee 34

(1) At any time, the Complaints Committee may direct an investigator to conduct any investigation the Complaints Committee considers necessary.

(2) At any time before or during a meeting held under subsection [clause] 35(1)(b), the Complaints Committee may receive information in addition to the report of the investigation if the information is relevant to the matters before it.

(3) If the Complaints Committee receives additional information under subsection (2), the respondent must be given an opportunity to respond to the information. Complaints Committee Disposition of Complaint Powers of Complaints Committee and disposition of complaint 35

(1) When a matter is referred to a Complaints Committee, it must do 1 of the following: (

a) dismiss the complaint and provide any guidan ce the Complaints Committee considers useful to the complainant, the respondent or any other person associated with the complaint, if the Complaints Committee determines that any of the following apply:

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i) the complaint is outside the jurisdiction of the College, (ii) the complaint cannot be substantiated, (iii) the complaint is frivolous or vexatious, (iv) the complaint constitutes an abuse of process, (

v) the complaint does not allege facts th at, if proven, would constitute professional misconduct, conduct unbecoming, incompetence or incapacity, or would merit a counsel or a caution, or both; (

b) give the complainant, the respondent, a nd any other person the Complaints Committee considers appropriate a reasonable opportunity to appear before the Complaints Committee and to submit representations, explanations and documentation, including medical information and other information relevant to the complaint.

(2) After the Complaints Committee has given the parties the opportunity to appear before the Committee under clause (1)(b), the Complaints Committee may require the respondent to do 1 or more of the following: (

a) submit to physical or mental examinations by a qualified person or persons designated by the Complaints Committee, and authorize the reports from the examinations to be given to the Complaints Committee; (

b) submit to a review of their practice by a qualified person or persons designated by the Complaints Committee, and authorize a copy of the review to be given to the Complaints Committee; (

c) complete a competence assessment or othe r assessment or examination the Complaints Committee directs to determine whether the respondent is competent to practise practical nursing, and authorize the assessment or examination report to be given to the Complaints Committee; (

d) produce any records or documents kept about the respondent’s practice.

(3) After the Complaints Committee has given the parties the opportunity to appear before the Committee under clause (1)(b), the Committee must do 1 or more of the following: (

a) dismiss the complaint and provide any guidan ce the Complaints Committee considers useful to the complainant, the respondent or any other person associated with the complaint; (

b) counsel the respondent; (

c) caution the respondent; (

d) with the respondent’s consent, order that th e respondent receive a reprimand and that the reprimand be communicated to the respondent, the complainant and any other person the Complaints Committee considers appropriate; (

e) with the respondent’s consent, impose conditions or restrictions, or both, on the respondent’s licence; (

f) if a determination is made that the matter or matters warrant a hearing, refer the matter or matters to the Professional Conduct Committee;

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g) informally resolve the complaint, including authorizing the respondent’s resignation from the Register and any rosters the respondent is entered in.

(4) A reprimand issued in accordance with clause (3)(

d) and conditions and restrictions imposed under clause (3)(

e) are licensing sanctions against a respondent and must be dealt with in the same manner as a finding made by the Professional Conduct Committee under

Section 50 of the Act. Failing to comply with requirement of Complaints Committee 36 If a respondent fails to comply with a requirement under subsection 35(2), or otherwise fails to comply with a direction of the Complaints Committee, the Complaints Committee may suspend or restrict the respondent’s licence until the suspension or restriction is lifted, superseded or annulled by the Complaints Committee or the Professional Conduct Committee.

Costs of respondent complying with requirement of Complaints Committee 37 Expenses incurred for a respondent to comply with a requirement under subsection 35(2) must be initially paid by the College but may be awarded as costs against the respondent under

Section 65. Complaints Committee retains jurisdiction 38 The Complaints Committee retains jurisdiction over a complaint until the commencement of a hearing or the acceptance of a settlement proposal by the Professional Conduct Committee. Settlement Proposals Preparing and tendering settlement proposals 39

(1) A settlement proposal may be tendered in writing to the other party at any time before a hearing begins.

(2) A settlement proposal must include all of the following: (

a) sufficient facts to provide context for th e admissions of the respondent and the agreed disposition; (

b) an admission or admissions by the respondent to 1 or more of the allegations set out in the notice of hearing; (

c) the respondent’s consent to a specified disposition, conditional upon the acceptance of the settlement proposal by the Complaints Committee and the Professional Conduct Committee.

(3) If both parties agree with the settlement proposal tendered under subsection (1), the College must refer the settlement proposal to the Complaints Committee for consideration.

(4) The parties may agree to use a mediator to prepare a settlement proposal, and the costs for the mediator must be divided equally between the College and the respondent, unless the parties agree to a different division of the costs. Complaints Committee actions when settlement proposal referred 40

(1) The Complaints Committee may recommend acceptance of a settlement proposal if satisfied that all of the following criteria are met: (

a) the public is protected; (

b) the conduct or its causes can be, or has b een, successfully remedied or treated, and the respondent is likely to successfully pursue any remediation or treatment required;

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c) settlement is in the best interests of the public and the profession.

(2) If the Complaints Committee recommends acceptance of a settlement proposal, the Complaints Committee must refer the settlement proposal to the Professional Conduct Committee for consideration.

(3) If the Complaints Committee does not recommend acceptance of a settlement proposal, the Complaints Committee must do 1 of the following: (

a) recommend changes to the settlement proposal that (

i) if agreed upon by the parties will result in acceptance by the Complaints Committee, or (ii) if not agreed upon by the parties will result in rejection by the Complaints Committee; (

b) reject the settlement proposal and refer th e complaint considered by the Complaints Committee to the Professional Conduct Committee for a hearing. Professional Conduct Committee actions when settlement proposal referred 41

(1) If the Professional Conduct Committee accepts a settlement proposal, the settlement proposal may form the full decision of the Professional Conduct Committee or may form part of a written decision of the Professional Conduct Committee and, except as provided in subsection 42(3) for a breach of the settlement proposal, there is no hearing.

(2) If the Professional Conduct Committee does not accept a settlement proposal, it must do 1 of the following: (

a) suggest amendments to the settlement proposal and return it to the parties for review; (

b) reject the settlement proposal and refer the ma tter to another panel of the Professional Conduct Committee for a hearing.

(3) If both parties do not agree with the amendments to a settlement proposal made under clause (2)(a), the settlement proposal is deemed to be rejected and the matter must be referred to another panel of the Professional Conduct Committee for a hearing.

(4) If both parties agree with the amendments to a settlement proposal made under clause (2)(a), the settlement proposal must be sent back to the Complaints Committee who must do 1 of the following: (

a) accept the settlement proposal; (

b) reject the settlement proposal and refer the ma tter to another panel of the Professional Conduct Committee for a hearing.

(5) A person who sits on a panel of the Professional Conduct Committee that reviews a rejected settlement proposal must not sit on a panel of the Professional Conduct Committee that conducts a hearing related to the same complaint. Settlement proposals and hearings 42

(1) If a settlement proposal is rejected by the Professional Conduct Committee, a hearing must proceed without reference to the settlement proposal or any admissions contained in the settlement proposal until after the Professional Conduct Committee has determined whether professional misconduct, conduct unbecoming, incompetence or incapacity has been proven.

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(2) Before deciding whether to award costs in a hearing, the Professional Conduct Committee may be given a copy of any settlement proposals exchanged between the parties.

(3) Any alleged breach by a respondent of an accepted settlement proposal must be referred to a Professional Conduct Committee and may form the subject of a new hearing.

(4) A settlement proposal may include any disposition that could be ordered by the Professional Conduct Committee under the Act or these regulations. Fitness to Practise Committee Assessment for incapacity 43

(1) When considering whether to refer a matter to the Fitness to Practise Committee under

Section 39 of the Act, the Executive Director-Registrar must consider whether the member is eligible for referral to the Fitness to Practise Committee according to criteria for eligibility approved by the Board, and only then may request that the member undergo an assessment for incapacity.

(2) The Executive Director-Registrar must process a complaint about a member involving allegations of incapacity as a complaint in accordance with the Act and these regulations if the member does not agree to undergo an assessment under subsection (1).

(3) If no complaint is made, the Executive Director-Registrar may process a disclosure made to the College under

Section 39 of the Act as a complaint in accordance with the Act and these regulations if the member does not agree to undergo an assessment under subsection (1).

(4) If the results of an assessment under subsection (1) do not establish that the member is or was incapacitated, the Executive Director-Registrar must determine whether any aspect of the matter requires further action under the Act or these regulations.

(5) If a member is not eligible for referral to the Fitness to Practise Committee according to criteria for eligibility approved by the Board, the Executive Director-Registrar must determine whether any aspect of the matter requires further action under the Act or these regulations. Remedial agreement 44

(1) If the results of an assessment for incapacity establish incapacity of a member, the College may propose a remedial agreement to the member setting out the terms and conditions the College considers appropriate to meet the objects of the College.

(2) If a member and the College agree to terms and conditions of a remedial agreement, the remedial agreement must be sent to the Fitness to Practise Committee for approval.

(3) If a member and the College do not agree to the terms and conditions of a remedial agreement, the Executive Director-Registrar must process the matter as a complaint in accordance with the Act and these regulations. Fitness to Practise Committee disposition 45

(1) On receiving a proposed remedial agreement, the Fitness to Practise Committee must do 1 of the following: (

a) approve the remedial agreement, if the Fitness to Practise Committee is satisfied that all of the following are met:

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i) the public is protected, (ii) the conduct or its causes can be, or have b een, successfully remedied or treated, and the member is likely to successfully pursue any remediation or treatment required, (iii) the agreement is in the best in terests of the public and the profession; (

b) recommend changes to the remedial agreement that (

i) if agreed upon by the College and the memb er, will result in acceptance by the Fitness to Practise Committee, or (ii) if not agreed upon by the College and the member, will result in rejection by the Fitness to Practise Committee; (

c) reject the remedial agreement and refe r the matter to the Complaints Committee.

(2) A remedial agreement approved by the Fitness to Practise Committee may contain any of the following: (

a) conditions or restrictions on the member’s li cence, or an undertaking to refrain from practice; (

b) terms and conditions that must be satisfied by the member before the member returns to practice; (

c) terms, conditions or restrictions applicable after the member returns to practice.

(3) Any conditions or restrictions placed on a member’s licence under a remedial agreement must be noted on the member’s licence and in the College’s records, and the Executive Director-Registrar may notify the member’s present or intended employer and any other individuals of the conditions or restrictions.

(4) If a member voluntarily undertakes not to practise practical nursing until certain conditions of their remedial agreement have been completed, the Executive Director-Registrar may notify the member’s present or intended employer and any other individuals, and must (

a) retrieve the licence from the member; (

b) remove the member’s name from any applicable rosters; and (

c) notify other Canadian nursing jurisdictions a nd any other jurisdictions where the member is known to have been registered. Publication of Fitness to Practise Committee’s decision 46 Subject to any publication bans imposed by the Fitness to Practise Committee, the Fitness to Practise Committee must prepare a written decision regarding its disposition of a matter referred to it and (

a) must direct the Executive Director-Registrar to provide a copy of its decision to the member and, if applicable, the complainant; (

b) may direct the Executive Director-Registrar to provide a copy of the decision or portions of the decision to any past, present or intended employers of the member and any other individuals;

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c) may direct the Executive Director-Registrar to provide notification to other Canadian practical nursing jurisdictions and any other known jurisdictions where the member is known to have been registered. Jurisdiction of Fitness to Practise Committee 47

(1) The Fitness to Practise Committee retains jurisdiction over a member who is subject to ongoing terms and conditions of a remedial agreement.

(2) The Fitness to Practise Committee must refer the matter to the Complaints Committee for processing as a complaint under the Act and these regulations if the Fitness to Practise Committee determines that a member who is subject to a remedial agreement does any of the following: (

a) fails to meet the terms and conditions of their remedial agreement; (

b) poses a threat to the public; (

c) poses a threat to their own health or safety or the health or safety of others. Hearings Notice of hearing 48

(1) A notice of hearing sent by registered mail is deemed to have been served on the date it was posted.

(2) A notice of hearing must state the details of the charges and state that the respondent has the right to be represented by legal counsel, a union representative or another representative. Amendment of notice of hearing 49

(1) At any time before or during a hearing, the Professional Conduct Committee may, on its own motion or on the motion of a party to the hearing, amend or alter the notice of hearing for any of the following reasons: (

a) to correct an alleged defect in substance or form; (

b) to make the notice conform to the evidence, if there appears to be a difference between the evidence and the notice or if the evidence discloses any of the following that is not stated in the notice: (

i) potential professional misconduct, (ii) potential conduct unbecoming, (iii) potential incapacity or incompetence.

(2) A respondent must be given an opportunity to respond to an amendment or alteration to a notice of hearing made by the Professional Conduct Committee.

(3) After receiving the respondent’s response under subsection (2), the Professional Conduct Committee may decide that an amendment or alteration to the notice of hearing should not be made and, if considered appropriate, may refer any new allegations to the Executive Director-Registrar for processing as a new complaint under the Act and these regulations. Public notice of hearing 50 The College must give public notice of any scheduled hearings through its web site or any alternate means the College considers appropriate, including notice of all of the following:

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a) the date, time and location of the hearing; (

b) reference to any application being made for an order to exclude the public under subsection 51(2). Attendance at a hearing 51

(1) Except as provided in subsection (2) or (3), a hearing is open to the public.

(2) At the request of a party, the Professional Conduct Committee may order that the public, in whole or in part, be excluded from a hearing or any part of it if the Professional Conduct Committee is satisfied that any of the following apply: (

a) personal, medical, financial or other matters that may be disclosed at the hearing are of such a nature that avoiding public disclosure of those matters in the interest of the public or any person affected outweighs adhering to the principle that hearings should be open to the public; (

b) the safety of any person may be je opardized by permitting public attendance.

(3) The Professional Conduct Committee may make an order that the public be excluded from a part of a hearing that deals with a request for an order to exclude the public in whole or in part under subsection (2).

(4) The Professional Conduct Committee may make any orders that it considers necessary, including orders prohibiting publication or broadcasting, to prevent the public disclosure of matters disclosed in a hearing or in any part of a hearing dealing with an order under subsection (2) or (3).

(5) Subject to any order made under this Section, the Professional Conduct Committee must state at a hearing its reasons for any order made under this Section. Hearing procedures 52

(1) A complainant cannot participate as a party at a hearing.

(2) The Professional Conduct Committee may determine any additional rules of procedure for hearings that are not covered by the Act or these regulations.

(3) Witnesses at a hearing must testify under oath or affirmation.

(4) An oath or affirmation taken at a hearing may be administered by any member of the Professional Conduct Committee or other person in attendance authorized by law to administer oaths or affirmations.

(5) The Professional Conduct Committee may order the respondent to do 1 or more of the following during a hearing: (

a) submit to physical or mental examinations by a qualified person or persons designated by the Professional Conduct Committee and authorize examination reports to be given to the Professional Conduct Committee; (

b) submit to a review of the respondent’s practi ce by a qualified person or persons designated by the Professional Conduct Committee and authorize a copy of the review to be given to the Professional Conduct Committee;

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c) submit to a competence assessment or othe r assessment or examination the Professional Conduct Committee directs to determine whether the respondent is competent to practise practical nursing and authorize the assessment report or examination to be given to the Professional Conduct Committee; (

d) produce any records kept about the respondent’s practice that the Professional Conduct Committee considers appropriate. Failing to comply with requirement of Professional Conduct Committee 53 If a respondent fails to comply with a requirement under subsection 52(5), the Professional Conduct Committee may suspend the respondent’s licence or ability to obtain a licence until the respondent complies. Costs of respondent complying with requirement of Professional Conduct Committee 54 The expenses incurred for a respondent to comply with a requirement under subsection 52(5) must initially be paid by the College but may be awarded as costs against a respondent under

Section 65. Respondent fails to attend hearing 55 After receiving proof of service of the notice of hearing in accordance with

Section 46 of the Act, the Professional Conduct Committee may proceed with the hearing in the respondent’s absence and take any action authorized under the Act and these regulations without further notice to the respondent. Subpoenaed witness fees 56 Witnesses who are present under subpoena at a hearing are entitled to the same allowances as witnesses attending a trial of an action in the Supreme Court of Nova Scotia. Recording evidence at hearing 57

(1) All evidence presented to the Professional Conduct Committee must be recorded by a person authorized by the College.

(2) Evidence may be presented at a hearing in any manner that the Professional Conduct Committee considers appropriate, and the Committee is not bound by the rules of law respecting evidence applicable to judicial proceedings. Preserving evidence 58 Evidence obtained by the Professional Conduct Committee and information obtained by the Complaints Committee or an investigator regarding a complaint that has not been dismissed by the Complaints Committee must be preserved electronically or otherwise for at least 5 years from the date the evidence is presented or the information is obtained.

Disposition by Professional Conduct Committee 59 A Professional Conduct Committee that finds professional misconduct, conduct unbecoming, incompetence or incapacity on the part of a respondent may include any of the following in the Committee’s disposition of the matter: (

a) revoke the respondent’s regist ration and any licence held by the respondent and direct the Executive Director-Registrar to remove the respondent’s name from the applicable rosters; (

b) revoke any licence held by the respondent a nd direct the Executive Director-Registrar to remove the respondent’s name from the applicable rosters;

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c) for a respondent who held a temporary licence at the time of the incident giving rise to the complaint, revoke the respondent’s ability to register or require the respondent to comply with any conditions or restrictions imposed by the Committee if registration is granted; (

d) authorize the respondent to resign from the Register and direct the Executive Director- Registrar to remove the respondent’s name from the applicable rosters once the respondent has resigned; (

e) suspend the respondent’s licence for a specific period of time and direct the Executive Director-Registrar to remove the respondent’s name from the applicable rosters; (

f) suspend the respondent’s ability to obtain a licence for a specified period of time; (

g) suspend the respondent’s licence until any conditions the Professional Conduct Committee orders are complied with; (

h) impose any restrictions or conditions, or both, on the respondent’s licence; (

i) reprimand the respondent and direct that the reprimand be recorded in the records of the College; (

j) direct the respondent to pass a particular course of study or satisfy the Professional Conduct Committee or any other committee established under the Act of the respondent’s general competence to practise or competence in a particular field of the practice of practical nursing; (

k) direct the respondent to obtain medical treatment; (

l) direct the respondent to obtain any counselling that the Professional Conduct Committee considers appropriate; (

m) for findings that involve practising practical nursing while not holding a valid licence, direct the respondent to pay a fine in an amount determined by the Professional Conduct Committee; (

n) publish or disclose its findings in accordance with the Act and these regulations. Written decision of Professional Conduct Committee 60 The Professional Conduct Committee must prepare a written report of its disposition of a hearing that includes the reasons for the decision, and must provide copies of its decision or information in accordance with

Section 61. Publication bans imposed by Professional Conduct Committee 61

(1) If requested by a party, and after hearing from both parties, the Professional Conduct Committee may impose a publication ban at any time during a hearing, or on some or all of its decision, subject to such terms as determined by the Professional Conduct Committee.

(2) The Professional Conduct Committee must give reasons for any decision to impose a publication ban. Disclosing and publishing decisions and licensing sanctions imposed without hearing 62

(1) Except as prohibited by any publication bans, the Executive Director-Registrar must do all of the following for any licensing sanction that is issued other than through a hearing:

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a) in addition to the annotations required to be made in the Register under

Section 20 of the Act, make appropriate entries in the rosters of the College, the relevant

section of the College’s web site, if the College has a web site, and on any licence the member holds; (

b) publish a

summary of the decision in accordan ce with subsection (2) in all of the following: (

i) the College’s web site, if the College has a web site, (ii) the Professional Conduct Digest retained by the College and available to the public, (iii) any official publication determined by the Professional Conduct Committee; (

c) as required by clause 52(1)(

c) of the Act, no tify all of the following of the licensing sanction ordered, and include any other information requested by the other licensing jurisdictions: (

i) registering bodies in other Canadian practical nursing jurisdictions, (ii) registering bodies in the original practical nursing jurisdiction, (iii) registering bodies in other practical nursing jurisdictions where the member is known to have practised; (

d) give the respondent a copy of the decision; (

e) give any of the decision that the Professiona l Conduct Committee permits to the complainant; (

f) give any of the following to any person the Committee making the decision directs: (

i) notice of the decision, (ii) a

summary of the decision, (iii) parts of the decision, (iv) a copy of the decision.

(2) Except for information that must be excluded under subsection (3), the

summary of the decision required by clause (1)(

b) must be prepared by the College and must contain all of the following information: (

a) the member’s name, city or town of residence and registration number; (

b) the provision of the Act or these regulations under which the licensing sanction is issued; (

c) the date of the decision; (

d) the allegations that were upheld by th e Professional Conduct Committee or the Complaints Committee or, for a consent revocation, the allegations that were either admitted by or not contested by the respondent; (

e) whether the allegations amounted to professional misconduct, conduct unbecoming, incompetence or incapacity;

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f) the disposition ordered by the Complaints Committee or the Professional Conduct Committee; (

g) the reasons for the decision; (

h) any information the College considers necessary to meet the objects of the College.

(3) If allegations have been found to constitute incapacity, the specific nature of the incapacity must not be included in the

summary of the decision published under clause (1)(b). Disclosing and publishing decisions and licensing sanctions imposed through hearing 63

(1) Except as prohibited by any publication bans, the Executive Director-Registrar must take all of the actions set out in subsection [clauses] 62(1)(a), (c), (d), (

e) and (

f) for any licensing sanction issued following a hearing, and in addition must do the following: (

a) publish a

summary of the decision in any official publication determined by the Professional Conduct Committee; (

b) publish a copy of the full decision on the Co llege web site and in the Professional Conduct Digest of the College. Consent revocation 64

(1) A respondent who does not contest the allegations or admits to some or all of the allegations set out in a complaint or a notice of hearing may, with the consent of the College, ask the Professional Conduct Committee to revoke their licence.

(2) The Professional Conduct Committee may consent to the revocation of the respondent’s licence in accordance with subsection (1) with or without conditions, or may refuse consent.

(3) A respondent who consents to the revocation of their licence must be treated as though their licence was revoked by the Professional Conduct Committee.

(4) Notification of a revocation under this

Section must be given in accordance with

Section 63. Costs awarded after hearing 65

(1) For purposes of this Section, “costs” includes all of the following: (

a) expenses incurred by the College in the investigation of a complaint; (

b) expenses incurred by the College for the ac tivities of the Complaints Committee and the Professional Conduct Committee; (

c) expenses incurred for a respondent to comply with a requirement under subsections 35(2) or 52(5); (

d) the College’s solicitor and client costs, in cluding disbursements and HST, relating to the investigation and hearing of the complaint, including those of College counsel and counsel for the Professional Conduct Committee; (

e) fees for retaining a court reporter and pr eparing transcripts of the proceedings; (

f) travel costs and reasonable expenses of an y witnesses, including expert witnesses, required to appear at a hearing.

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(2) Except when awarded costs under this Section, a respondent is responsible for all expenses incurred in their defence.

(3) If the Professional Conduct Committee finds professional misconduct, conduct unbecoming, incompetence or incapacity on the part of a respondent, it may order that the respondent pay costs in whole or in part.

(4) If the Professional Conduct Committee considers that a hearing was not necessary, it may order the College to pay some or all of the respondent’s costs.

(5) The Executive Director-Registrar may suspend the licence of any respondent who fails to pay the costs within the time ordered until payment is made or satisfactory arrangements for payment are made. Reinstatement Applying for reinstatement 66

(1) An application for reinstatement of registration or a licence must be sent in writing to the Executive Director-Registrar together with the applicable application fee.

(2) An application must include any information the Re-instatement Committee requires to assist it in determining whether the objects of the College will be met if reinstatement is granted. Investigation concerning reinstatement application 67

(1) On receiving an application for reinstatement, the Executive Director-Registrar may request that an investigation be conducted to gather relevant and appropriate information concerning the application.

(2) A person who conducts an investigation must give a written report to the Re-instatement Committee and the applicant that contains all material relevant to the application, including the decision of the Professional Conduct Committee that revoked the applicant’s registration or licence, and any relevant information gathered during the investigation.

(3) The Re-instatement Committee must set a date for a proceeding to review a reinstatement application and must advise the applicant of the date.

(4) Evidence before the Re-instatement Committee must be taken under oath and recorded, and is subject to cross-examination. Attendance at proceeding for review of reinstatement application 68

(1) Except as provided in subsection (2), a proceeding to review a reinstatement application is open to the public.

(2) At the request of a party, the Re-instatement Committee may order that the public, in whole or in part, be excluded from a proceeding to review a reinstatement application or any part of it if the Re- instatement Committee is satisfied that any of the following apply: (

a) personal, medical, financial or other matters that may be disclosed at the proceeding are of such a nature that avoiding public disclosure of those matters in the interest of the public interest or any person affected outweighs adhering to the principle that hearings should be open to the public;

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b) the safety of any person may be je opardized by permitting public attendance.

(3) The Re-instatem

Document details

Collection	Nova Scotia — Gazette
Citation	N.S. Reg. 177/2009
Date	2009-01-01
Type	gazette
Volume / chapter	just regulations rg2 2009 ap2409
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	d3bbeb0cc8817078aba1bc788187dcda41c35667

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