Regulations Amending the Schedules to the Act Listing Regulating Bodies
N.S. Reg. 70/2015
Nova Scotia — Gazette
Part II Regulations under the Regulations Act Printed by the Queen’s Printer Halifax, Nova Scotia Vol. 39, No. 8 April 17, 2015 Contents Act Reg. No.
Page Fair Registration Practices Act Regulations Amending the Schedules to the Act Listing Regulating Bodies. . . . . . . . . . . . . 50/2015 457 Freedom of Information and Protection of Privacy Act Freedom of Information and Protection of Privacy Regulations–amendment. . . . . . . . . . . . 185/2015 541 Health Authorities Act Health Authorities Act General Regulations–amendment. . . . . . . . . . . . . . . . . . . . . . . . . . . 52/2015 463 Health Authorities Ministerial Regulations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64/2015 481 Nova Scotia Health Authority Corporate Bylaws. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 186/2015 542 Nova Scotia Health Authority Medical Staff Bylaws, Part A. . . . . . . . . . . . . . . . . . . . . . . . . 187/2015 553 Nova Scotia Health Authority Medical Staff Bylaws, Part B. . . . . . . . . . . . . . . . . . . . . . . . . 188/2015 556 Nova Scotia Health Authority Medical Staff Bylaws,
Part C. . . . . . . . . . . . . . . . . . . . . . . . . 189/2015 576 Health Protection Act Food Safety Regulations–amendment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 183/2015 537 Hospitals Act Hospital Approvals–repeal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54/2015 463 Hospital Approvals–repeal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55/2015 463 Hospital Approval–repeal.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56/2015 463 Hospitals Regulations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53/2015 464 IWK Health Centre Corporate Bylaws. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67/2015 495 Motor Vehicle Act Alcohol Ignition Interlock Program Regulations–amendment. . . . . . . . . . . . . . . . . . . . . . . . 184/2015 538 ©NS Office of the Registrar of Regulations.
Web version. 455
Municipal Government Act Dissolution of the Town of Springhill and annexation to the Municipality of the County of Cumberland.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69/2015 525 Number of Councillors Order: Town of Annapolis Royal. . . . . . . . . . . . . . . . . . . . . . . . . . . 57/2015 475 Number of Councillors Order: Town of Berwick. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58/2015 476 Number of Councillors Order: Town of Digby. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60/2015 477 Number of Councillors Order: Town of Yarmouth. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62/2015 479 Polling Districts and Number of Councillors Order: Municipality of the District of Digby. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59/2015 476 Polling Districts and Number of Councillors Order: Town of Pictou.. . . . . . . . . . . . . . . . . . 61/2015 478 Polling Districts and Number of Councillors Order: Municipality of the District of Shelburne. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68/2015 517 Polling Districts and Number of Councillors Order: Municipality of the District of Yarmouth. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66/2015 485 Petroleum Products Pricing Act Prescribed Petroleum Products Prices. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63/2015 479 Prescribed Petroleum Products Prices. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 190/2015 596 Public Highways Act Spring Weight Restrictions Regulations–amendment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65/2015 484
Summary Proceedings Act
Summary Offence Tickets Regulations–amendment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51/2015 458 Please note: N.S. Reg. 70/2015 to N.S. Reg. 182/2015 were published in a special issue of the Royal Gazette
Part II dated April 8, 2015. 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. 456 ©NS Office of the Registrar of Regulations. Web version.
N.S. Reg. 50/2015 Royal Gazette
Part II - Regulations Vol. 39, No. 8 N.S. Reg. 50/2015 Made: March 19, 2015 Filed: March 25, 2015 Regulations Amending the Schedules to the Act Listing Regulating Bodies Order dated March 19, 2015 Regulations made by the Minister of Labour and Advanced Education pursuant to
Section 21A of the Fair Registration Practices Act In the Matter of
Section 21A of
Chapter 38 of the Acts of 2008, the Fair Registration Practices Act - and - In the Matter of Regulations Amending the Schedules to the Act made by the Minister of Labour and Advanced Education pursuant to
Section 21A of the Fair Registration Practices Act Order I, Kelly Regan, Minister of Labour and Advanced Education for the Province of Nova Scotia, pursuant to
Section 21A of
Chapter 38 of the Acts of 2008, the Fair Registration Practices Act, hereby make regulations amending
Schedule A and
Schedule B to the Act in the form set forth in the attached
Schedule “A”, effective on and after the date of this Order. Made at Halifax, Nova Scotia, on March 19, 2015. sgd: Kelly Regan Honourable Kelly Regan Minister of Labour and Advanced Education
Schedule “A” Regulations Amending the Schedules to the Act Listing Regulating Bodies made by the Minister of Labour and Advanced Education under
Section 21A of
Chapter 38 of the Acts of 2008, the Fair Registration Practices Act Citation 1 These regulations may be cited as the Regulations Amending the Schedules to the Act Listing Regulating Bodies. Definition 2 In these regulations, “Act” means the Fair Registration Practices Act. Amendments to
Schedule A to the Act 3 The following bodies are added, in alphabetical order, to the list of regulating bodies in
Schedule A to the Act: Licensed Professional Planners Association of Nova Scotia Midwifery Regulatory Council of Nova Scotia Nova Scotia College of Counselling Therapists Nova Scotia Dental Hygienists’ Association ©NS Office of the Registrar of Regulations. Web version. 457
N.S. Reg. 50/2015 - 51/2015 Royal Gazette
Part II - Regulations Vol. 39, No. 8 Nova Scotia Registered Music Teachers Association Nova Scotia Securities Commission Amendments to
Schedule B to the Act 4
(1) The following persons are added, in alphabetical order, to the list of regulating bodies in
Schedule B to the Act: Minister of Environment Minister of Finance Minister of Labour and Advanced Education Minister of Service Nova Scotia
(2) All of the following persons are removed from the list of regulating bodies in
Schedule B to the Act: Registrar under the Direct Sellers’ Regulation Act for the purpose of granting permits to direct sellers of hearing aids Superintendent of Insurance for the purpose of issuance of licenses to carry on the business of insurance under the Insurance Act Director of Apprenticeship and Trades Qualifications
(3) Schedule B to the Act is amended by (
a) striking out “for the purpose of issuance of teachers’ certificates or teachers’ permits” immediately after “Minister of Education” and substituting “and Early Childhood Development”; (
b) striking out “for the purpose of registration of paramedics and emergency medical dispatchers” immediately after “Minister of Health” and substituting “and Wellness”; (
c) striking out “for the purpose of issuance of licences and permits for hunting and fishing guides under the Wildlife Act” immediately after “Minister of Natural Resources”. N.S. Reg. 51/2015 Made: March 24, 2015 Filed: March 25, 2015
Summary Offence Tickets Regulations Order dated March 24, 2015 Amendment to regulations made by the Attorney General and Minister of Justice pursuant to
Section 8 of the
Summary Proceedings Act Order Made under
Section 8 of
Chapter 450 of the Revised Statutes of Nova Scotia, 1989, the
Summary Proceedings Act I, Lena Metlege Diab, Attorney General and Minister of Justice for the Province of Nova Scotia, pursuant to
Section 8 of
Chapter 450 of the Revised Statutes of Nova Scotia, 1989, the
Summary Proceedings Act, hereby (
a) amend
Schedule 15A to the
Summary Offence Tickets Regulations, N.S. Reg. 281/2011, made by order of 458 ©NS Office of the Registrar of Regulations. Web version.
N.S. Reg. 51/2015 Royal Gazette
Part II - Regulations Vol. 39, No. 8 the Attorney General and Minister of Justice dated October 4, 2011, to designate certain offences under the regulations made under the Wildlife Act as
summary offence ticket offences, in the manner set forth in the attached
Schedule “A”; and (
b) order and direct that the penalty to be entered on a summons in respect of an offence set out in amendments to the schedules to the
Summary Offence Tickets Regulations, N.S. Reg. 281/2011, as set forth in the attached
Schedule “A”, is the out-of-court settlement amount listed in the out-of-court settlement column set out opposite the description for the offence, and includes the charge provided for in, and in accordance with, Sections 8 and 9 of the Act. This Order is effective on and after the date it is made. Dated and made March 24, 2015, at Halifax, Halifax Regional Municipality, Province of Nova Scotia. sgd: Lena M. Diab Honourable Lena Metlege Diab Attorney General and Minister of Justice
Schedule “A” Amendment to the
Summary Offence Tickets Regulations made by the Attorney General and Minister of Justice pursuant to
Section 8 of
Chapter 450 of the Revised Statutes of Nova Scotia, 1989, the
Summary Proceedings Act 1
(1) Schedule 15A to the
Summary Offence Tickets Regulations, N.S. Reg. 281/2011, made by order of the Attorney General and Minister of Justice dated October 4, 2011, is amended, under the heading “Bear Harvesting Regulations”, by striking out item 15 and substituting the following item: 15 Locating bait site within prohibited distance from school, dwelling or other specified place (specify) without written consent of landowner or occupier 10(2) $384.95
(2) Schedule 15A to the regulations is further amended, under the heading “Bear Harvesting Regulations”, by striking out item 16. 2
Schedule 15A to the regulations is further amended by striking out items 1 to 16 under the heading “Deer Hunting Regulations” and substituting the following items: 1 Hunting deer without valid licence 4(1) $233.95 2 Hunting deer not in accordance with requirements, limitations and prohibitions for licence and stamp 4(2) $233.95 3 Hunting in Deer Management Zone other than zone permitted by stamp 6(6)(a) $233.95 4 Hunting deer other than sex or type permitted for Deer Management Zone 6(6)(b) $233.95 5 Failing to submit information return as required 7 $233.95 6 Hunting deer under invalid stamp 9(2) $348.95 7 Hunting deer with weapon other than bow and arrow fitted with broadhead from 2nd Monday in September to 2nd following Saturday 11(6) $463.95 ©NS Office of the Registrar of Regulations.
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Part II - Regulations Vol. 39, No. 8 8 Youth hunting deer while not immediately supervised by person authorized by regulation[s] 17 $233.95 9 Failing to immediately detach tag from licence after deer killed 19(1)(a) $233.95 10 Failing to indicate date of kill on licence 19(1)(b) $233.95 11 Failing to leave tag attached to deer carcass until prepared for consumption 19(2) $233.95 12 Deer registration agent failing to provide records, forms or reports (specify) to Department 23(2) $233.95 13 Failing to ensure head of antlered deer remains attached to front quarter of deer until registered 25 $233.95 14 Failing to register as required 26 $233.95 15 Possessing or transporting (specify) unregistered carcass of deer killed by another person 27 $233.95 16 Possessing deer meat without permit 33(2) $233.95 17 Transferring deer meat to person who does not hold permit 35(1) $233.95 3
Schedule 15A to the regulations is further amended, under the heading “Dog Hunting and Training Regulations”, by (
a) renumbering items 6 to 15 as 4 to 13; (
b) striking out item 5 and replacing it with the following item: 5 Hunting raccoon at night with light that is part of electrical system of vehicle 7(2) $233.95 (
c) striking out “8(2)” in item 8 in the column headed “Section” and substituting “8(2)(a)”; (
d) striking out item 10. 4
Schedule 15A to the regulations is further amended by striking out items 1 to 23 under the heading “Firearm and Bow Regulations” and substituting the following items: 1 Possessing swivel or spring gun in wildlife habitat 3(1)(a) $233.95 2 Possessing shotgun greater than 10 gauge in wildlife habitat 3(1)(b) $233.95 3 Possessing device designed to deaden sound of report of firearm in wildlife habitat 3(1)(c) $233.95 4 Possessing weapon in wildlife habitat without proper licence or stamp 3(2) $233.95 5 Hunting big game with weapon, arrow or ammunition (specify) other than as prescribed 4(4) $233.95 6 Possessing rifle, shotgun slug or ball (specify) in wildlife habitat without proper licence or permit 4(5) $348.95 7 Hunting small game with weapon, arrow or ammunition (specify) other than as prescribed 5(3) $348.95 8 Hunting other harvestable wildlife with weapon, arrow or ammunition (specify) other than as prescribed 6(4) $233.95 9 Hunting fur-bearing animal with weapon, arrow or ammunition (specify) other than as prescribed 7(4) $233.95 460 ©NS Office of the Registrar of Regulations.
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N.S. Reg. 51/2015 Royal Gazette
Part II - Regulations Vol. 39, No. 8 10 Contravening term or condition of permit to transport weapon (specify) 8(3) $233.95 11 Possessing uncased weapon in or on vehicle 8(4)(a) $233.95 12 Having crossbow or bow (specify) in or on vehicle or vessel with arrow or bolt (specify) in place for firing and firing string drawn 8(6) $233.95 13 Disabled person transporting uncased weapon in vehicle 9(9) $233.95 14 Disabled person using vehicle to pursue wildlife 9(11) $233.95 15 Failing to comply with special term or condition of Weapon Discharge Permit 9(12) $233.95 16 Possessing more than 1 weapon (specify number) with additional weapon not unloaded and disassembled or not unloaded and encased (specify) 10 $233.95 17 Hunting with or discharging weapon (specify) within 804 m of school 11(1) $348.95 18 Hunting with or discharging (specify) firearm loaded with rifle cartridge, single ball or slug within 402 m of dwelling, place of business, public building or other specified place (specify) 11(2) $348.95 19 Discharging shotgun loaded with shot, crossbow or bow (specify) within 182 m of dwelling, place of business, public building or other specified place (specify) 11(3) $348.95 20 Hunting with weapon (specify) within 182 m of dwelling, place of business, public building or other specified place (specify) 11(4) $348.95 21 Carrying loaded weapon in vessel contrary to regulations (specify) 12 $233.95 5
Schedule 15A to the regulations is further amended, under the heading “Fur Harvesting Regulations”, by striking out “Hunting or possessing fur-bearing animal by person who is non-resident of Nova Scotia” in item 2 in the column headed “Offence”, and substituting “Non-resident hunting or possessing fur-bearing animal (specify) without valid Non-Resident Furbuyers Licence”. 6
Schedule 15A to the regulations is further amended, under the heading “Liscomb Game Sanctuary Regulations”, by striking out items 3, 4 and 5 and substituting the following items: 3 Hunting in Liscomb Game Sanctuary without proper licence or stamp (specify) 4(1) $233.95 4 Hunting in Liscomb Game Sanctuary outside open season 4(2) $233.95 5 Hunting in Liscomb Game Sanctuary with weapon other than muzzleloader, bow or crossbow 4(4) $233.95 7
Schedule 15A to the regulations is further amended, under the heading “Pheasant Shooting Preserve Regulations”, by adding “contrary to Act or regulations” immediately after “preserve” in item 10 in the column headed “Offence”. 8
Schedule 15A to the regulations is further amended, under the heading “Small Game Hunting Regulations”, by striking out “firearm or bow” in item 2 in the column headed “Offence” and substituting “firearm, crossbow or bow”. 9
(1) Schedule 15A to the regulations is further amended, under the heading “Tobeatic Wildlife Management Area Regulations”, by striking out items 3 to 5 and substituting the following items: ©NS Office of the Registrar of Regulations. Web version. 461
N.S. Reg. 51/2015 - 52/2015 to 56/2015 Royal Gazette
Part II - Regulations Vol. 39, No. 8 3 Hunting in Tobeatic Wildlife Management Area without proper licence or stamp (specify) 4(1) $233.95 4 Hunting in Tobeatic Wildlife Management Area outside open season 4(2) $233.95 5 Hunting in Tobeatic Wildlife Management Area with weapon other than muzzleloader, bow or crossbow 4(3) $233.95
(2) Schedule 15A to the regulations is further amended, under the heading “Tobeatic Wildlife Management Area Regulations”, by striking out “with” in item 6 in the column headed “Offence” and substituting “in”. N.S. Reg. 52/2015 to 56/2015 Made: March 24, 2015 Filed: March 26, 2015 Health Authorities Act General Regulations; District Health Authorities General Regulations; Hospitals Regulations; Hospital Approvals Order in Council 2015-77 dated March 24, 2015 Regulations, repeal of regulations and amendment to regulations made by the Governor in Council pursuant to
Section 78 of the Health Authorities Act and Sections 4 and 17 of the Hospitals Act The Governor in Council on the report and recommendation of the Minister of Health and Wellness dated March 4, 2015, is pleased, effective on and after April 1, 2015, to: (
a) pursuant to
Section 78 of
Chapter 32 of the Acts of 2014, the Health Authorities Act, (
i) amend the Health Authorities Act General Regulations, N.S. Reg. 16/2015, made by the Governor in Council by Order in Council 2015-23 dated January 29, 2015, in the manner set forth in
Schedule “A”, attached to and forming part of the report and recommendation, and (ii) repeal the District Health Authorities General Regulations, N.S. Reg. 190/2000, made by the Governor in Council by Order in Council 2000-565 dated November 9, 2000; [Clause (
a) filed as N.S. Reg. 52/2015.] (
b) pursuant to Sections 4 and 17 of
Chapter 208 of the Revised Statutes of Nova Scotia, 1989, the Hospitals Act, repeal the following regulations and make new regulations respecting hospitals in the form set forth in
Schedule “B” attached to and forming part of the report and recommendation: (
i) Hospitals Regulations, N.S. Reg. 16/79, made by the Governor in Council by Order in Council 79-72 dated January 23, 1979, and (ii) regulations approving Scotia Surgery Inc. as a hospital, N.S. Reg. 261/2008, made by the Governor in Council by Order in Council 2008-215 dated April 22, 2008; and [Clause (
b) filed as N.S. Reg. 53/2015.] (
c) pursuant to
Section 4 of
Chapter 208 of the Revised Statutes of Nova Scotia, 1989, the Hospitals Act, repeal the following regulations: 462 ©NS Office of the Registrar of Regulations. Web version.
N.S. Reg. 52/2015 to 56/2015 - 52/2015 Royal Gazette
Part II - Regulations Vol. 39, No. 8 (
i) regulations approving the Dartmouth General Hospital, Camp Hill Hospital, Kentville Hospital Association, Nova Scotia Rehabilitation Centre, Abbie J. Lane Memorial Hospital, Cape Breton Hospital, Nova Scotia Hospital, Units West 3 and 4 of the Kings Regional Health and Rehabilitation Centre, Izaak Walton Killam Hospital for Children, Inverness Consolidated Memorial Hospital as hospitals, N.S. Reg. 212/2003, made by the Governor in Council by Order in Council 79-1636 dated December 18, 1979, [Subclause (c)(
i) filed as N.S. Reg. 54/2015.] (ii) regulations approving District Health Authorities 1 through 8 and the Capital District Health Authority as hospitals, N.S. Reg. 213/2003, made by the Governor in Council by Order in Council 2001-474 dated October 4, 2001, and [Subclause (c)(ii) filed as N.S. Reg. 55/2015.] (iii) regulations approving the facility located at Canadian Forces Base Halifax, Hospital (Stadacona) as a hospital, N.S. Reg. 353/2008, made by the Governor in Council by Order in Council 2008-420 dated August 12, 2008. [Subclause (c)(iii) filed as N.S. Reg. 56/2015.] N.S. Reg. 52/2015 Health Authorities Act General Regulations
Schedule “A” Amendment to the Health Authorities Act General Regulations made pursuant by the Governor in Council under
Section 78 of
Chapter 32 of the Acts of 2014, the Health Authorities Act The Health Authorities Act General Regulations, N.S. Reg. 16/2015, made by the Governor in Council by Order in Council 2015-23 dated January 29, 2015, is amended by adding the following Sections immediately after
Section 2: Provincial health authority name 3 The name of the provincial health authority is the Nova Scotia Health Authority. Management zones 4 The following management zones are established within the Province for delivering and managing health services on a regional level by the provincial health authority: Zone Counties/Municipalities in Zone Western Zone Yarmouth County Shelburne County Digby County Queens County Annapolis County Lunenburg County Kings County Eastern Zone Guysborough County Antigonish County Richmond County Inverness County Victoria County Cape Breton County ©NS Office of the Registrar of Regulations. Web version. 463
N.S. Reg. 52/2015 - 53/2015 Royal Gazette
Part II - Regulations Vol. 39, No. 8 Northern Zone Municipality of the District of East Hants Colchester County Cumberland County Pictou County Central Zone Halifax County Municipality of the District of West Hants Numbers of directors 5
(1) In accordance with subsection 52(1) of the Act, the number of voting directors for the board of the provincial health authority is 13.
(2) The Minister may select 1 member of the IWK Health Centre’s board to serve as an ex-officio, non- voting member of the provincial health authority’s board.
(3) The Minister may select 1 voting director of the provincial health authority’s board to serve as an ex- officio, non-voting member of the IWK Health Centre’s board. Director’s term of office 6 A director of the provincial health authority may be appointed for a maximum term of 3 years, as specified in the director’s appointment in accordance with
Section 54 of the Act. Reimbursement of expenses 7 Director’s [Directors’] and community health board member’s [members’] expenses to be reimbursed under Sections 15 and 67 of the Act are reasonable expenses necessarily incurred in the carrying out of their duties related to dependant care, travel, meals, accommodations, long distance telephone calls, faxes, and photocopying. N.S. Reg. 53/2015 Hospitals Regulations
Schedule “B” Regulations Respecting Hospitals made by the Governor in Council under
Section 17 of
Chapter 208 of the Revised Statutes of Nova Scotia, 1989, the Hospitals Act Citation 1 These regulations may be cited as the Hospitals Regulations.
Definitions 2 In these regulations, “health authority” means a health authority as defined in, and as deemed to be a hospital in, the Health Authorities Act; “hospital building” means a physical location that is or will be used by a health authority to provide health care services, but that is not necessarily owned by the health authority; “qualified nurse practitioner” means a nurse practitioner as defined in the Registered Nurses Act who is an employee of a health authority; “qualified registered nurse” means a registered nurse as defined in the Registered Nurses Act who is an employee of a health authority. 464 ©NS Office of the Registrar of Regulations. Web version.
N.S. Reg. 53/2015 Royal Gazette
Part II - Regulations Vol. 39, No. 8 Hospital construction and renovation proposals 3
(1) A health authority may make a proposal to the Minister to construct or alter a hospital building, or the Minister may request a health authority to make a proposal for constructing or altering a hospital building.
(2) A proposal to construct or alter a hospital building must be in writing and include any information the Minister requires, including all of the following: (
a) a description of any existing buildings at the site and their uses; (
b) the proposed construction or alterations; (
c) the health authority’s functions and services that will be affected; (
d) an estimate of the cost of the proposed construction or alterations; (
e) any reports or studies by consultants.
(3) The Minister may approve a proposal to construct or alter a hospital building in writing, subject to any conditions the Minister considers advisable and subject to a maximum budget that includes the cost of any item or service the Minister considers advisable, including the cost of all of the following, as appropriate: (
a) purchasing land or buildings; (
b) construction, repair or alterations; (
d) fees for consultants and architects; [Clause lettering as in original.] (
c) interest on funds required for clauses (
a) and (b); [Clause lettering as in original.] (
e) equipment; (
f) land surveys and soil tests; (
g) necessary paving and landscaping; (
h) site preparation and servicing. Emergency planning 4
(1) A health authority must develop and maintain the following plans and procedures in writing, and submit them to the Minister: (
a) a plan for internal and external emergencies arising within the health authority, a management zone or a hospital building, including procedures for (
i) preparing for emergencies, (ii) mitigating against emergencies, (iii) responding to emergencies, ©NS Office of the Registrar of Regulations. Web version. 465
N.S. Reg. 53/2015 Royal Gazette
Part II - Regulations Vol. 39, No. 8 (iv) recovering from emergencies, (
v) testing the procedures for subclauses (
i) to (iv); (
b) a plan for health authority and management zone emergency operations centres that are capable of being activated during an emergency; (
c) business continuity plans and procedures to respond to loss of critical infrastructure and mission critical services; (
d) fire safety plans for preventing and controlling fire within a hospital building in accordance with the Office of the Fire Marshal’s requirements.
(2) Plans and procedures required by subsection (1) must be developed in collaboration with relevant local, provincial and federal authorities, as appropriate.
(3) The Minister may review any plans and procedures submitted under subsection (1) as the Minister considers necessary, and a health authority must revise and update its plans and procedures at the request of the Minister. Records and reports regarding emergency planning to Minister 5
(1) A health authority must retain a written record of each inspection, test and practice related to preventing and controlling fire or other emergencies, including events that threaten business continuity, for at least 2 years and make the records available to the Minister on request.
(2) A health authority must submit a copy of all reports received from the Office of the Fire Marshal or any fire department to the Minister. Hospital accreditation report to Minister 6 A hospital must send the Minister a copy of any report made by Accreditation Canada regarding the hospital. Ministerial approval of student training programs 7 A health authority must first obtain the written approval of the Minister before doing any of the following: (
a) developing a hospital-administered training program for medical, nursing, technical or other students; (
b) entering into an agreement with another institution to provide a training program for students of that institution, including approval of the terms and conditions of the agreement. Drug dispensary pharmacist 8 A drug dispensary in a hospital must be under the direction or advice of a pharmacist licensed under the Pharmacy Act. In-patient and out-patient medical records 9
(1) A hospital must maintain a record of the diagnostic and treatment services provided for each hospital in-patient and out-patient.
(2) An in-patient record maintained under subsection (1) must include any information the hospital considers necessary, including all of the following for the patient: (
a) name, including all previous surnames; 466 ©NS Office of the Registrar of Regulations. Web version.
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Part II - Regulations Vol. 39, No. 8 (
b) health card number assigned under the Health Services Insurance Act; (
c) date of birth; (
d) history of present illness; (
e) history of previous illness; (
f) family history; (
g) physical examination; (
h) provisional diagnosis; (
i) orders for treatment; (
j) medical, nursing and other notes on the progress of the patient; (
k) condition on discharge; (
l) all reports of (
i) consultations, (ii) follow-up care, (iii) laboratory, radiological, and other diagnostic examinations, (iv) medical, surgical, obstetrical and other therapeutic treatment, including renal dialysis treatment, (
v) operations and anaesthesia, (vi) hospital autopsy; (
m) final diagnosis; (
n) on the death of the patient in hospital, a copy of the death certificate under the Vital Statistics Act. Destruction and examination of tissues 10
(1) In this Section, “tissue” means tissues removed from a patient during an operation or by curettage.
(2) A qualified medical practitioner, qualified dental practitioner or employee of a hospital must not destroy tissue.
(3) Tissue must be sent to a laboratory, together with a short history of the case and a statement of the findings of the operation or curettage, where a pathologist must carry out a gross examination of the tissue.
(4) A histological examination of tissue must be carried out if (
a) a qualified medical practitioner or qualified dental practitioner requests the examination; or ©NS Office of the Registrar of Regulations. Web version. 467
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Part II - Regulations Vol. 39, No. 8 (
b) the gross examination suggests a pathological condition that can be confirmed only by a histological examination.
(5) A laboratory report on any tissue examination must be sent to the hospital in which the operation or curettage took place. Tissues not requiring pathological examination 11
(1) On the recommendation of its medical staff, a hospital may authorize exceptions to
Section 10 for certain tissues or specimens or classes of tissues or specimens that the hospital considers do not to require pathological examination.
(2) A hospital must maintain a list of tissues that do not require examination under subsection (1), and must send the Minister a copy of the list and any subsequently updated lists. Discharging patient from health authority 12
(1) Subject to any conditions established under a health authority’s by-laws, if a patient is no longer in need of treatment in the health authority, any of the following may authorize the discharge of the patient from the health authority: (
a) a qualified medical practitioner; (
b) a qualified midwife; (
c) a qualified dental practitioner; (
d) a qualified nurse practitioner.
(2) A qualified medical practitioner may authorize a qualified registered nurse to discharge a patient from a health authority in accordance with conditions established under the health authority’s by- laws. Release from an emergency department or collaborative emergency centre 13
(1) In this Section, “collaborative emergency centre” means a service delivery centre, facility or program approved by the Minister and operated by a health authority to provide access to or delivery of any of the following: (
i) primary care services, (ii) urgent care services; (iii) emergency care services; “release” means the release of a patient from a health authority’s emergency department or a collaborative emergency centre after a qualified registered nurse has conducted a nursing assessment and provided nursing care.
(2) A qualified registered nurse may release a patient from a health authority’s emergency department or a collaborative emergency centre in accordance with conditions established by a health authority. Forms 14 The forms listed in the following table are prescribed to be used in the administration of the Act for the purposes stated: 468 ©NS Office of the Registrar of Regulations. Web version.
N.S. Reg. 53/2015 Royal Gazette
Part II - Regulations Vol. 39, No. 8 Form Letter Title/purpose A Declaration of Capacity to Consent to Treatment form for use under
Section 53 of the Act B Revocation of Declaration of Capacity to Consent to Treatment form for use under
Section 57 of the Act C Declaration of Competency form for use under
Section 53 of the Act D Revocation of Declaration of Competency form for use under
Section 57 of the Act E Notice to Public Trustee form for use under subsection 59(1) of the Act
Schedule A—Approved Hospitals The following are approved as hospitals under clause 4(1)(
a) of the Act: Hospital Location Scotia Surgery Inc. 18 Acadia Drive, Dartmouth
Schedule B—Forms Form A—Declaration of Capacity to Consent to Treatment (Section 53, Hospitals Act) I, ____________________________________ (full name), a ______________________ (title) on the staff of _______________________________________ (name of hospital or psychiatric facility), personally examined _________________________________ (full name of person) of _________________________________ (address of person) on ___/___/______ (dd/mm/yyyy) at _____________a.m./p.m. at ____________________ (location of examination).
It is my opinion that the person (check one) [ ] is capable of consenting to the proposed treatment or treatments [ ] is not capable of consenting to the proposed treatment or treatments In arriving at this opinion I have considered all of the following: • whether the person understands the condition for which the specific treatment is proposed; • the nature and purpose of the specific treatment; • the risks and benefits involved in undergoing the specific treatment; and • the risks and benefits involved in not undergoing the specific treatment. ©NS Office of the Registrar of Regulations. Web version. 469
N.S. Reg. 53/2015 Royal Gazette
Part II - Regulations Vol. 39, No. 8 The following information supports my opinion: 1) Observations from my examination of the patient: 2) Information from other sources: Sources of above information (identify specific sources): (date of signature) (signature) (printed name) Notes: 1)
Section 2A of the Hospitals Act states: 2A For the purpose of this Act, any reference to a psychiatrist carrying out a capacity or competency assessment means (
a) for the purpose of a person in a psychiatric facility, a psychiatrist as defined in clause (
r) of
Section 2; and (
b) for the purpose of a person in a hospital, the attending physician or other suitable health professional determined by the hospital. 2) Sections 54(2) to 54D of the Hospitals Act state: 54
(2) Where a patient in a hospital or a psychiatric facility is found by declaration of capacity to be incapable of consenting to treatment, consent may be given or refused on behalf of the patient by a substitute decision-maker who has capacity and is willing to make the decision to give or refuse the consent from the following in descending order: (
a) a person who has been authorized to give consent under the Medical Consent Act or a delegate authorized under the Personal Directives Act; (
b) the patient’s guardian appointed by a court of competent jurisdiction; (
c) the spouse of the patient; (
d) an adult child of the patient; (
e) a parent of the patient; (
f) a person who stands in loco parentis to the patient; 470 ©NS Office of the Registrar of Regulations. Web version.
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Part II - Regulations Vol. 39, No. 8 (fa) an adult sibling of the patient; (fb) a grandparent of the patient; (fc) an adult grandchild of the patient; (fd) an adult aunt or uncle of the patient; (fe) an adult niece or nephew of the patient; (
g) any other adult next of kin of the patient; or (
h) the Public Trustee.
(3) Where a person in a category in subsection (2) fulfils the criteria for a substitute decision-maker as outlined in subsection (5) but refuses to consent to treatment on the patient’s behalf, the consent of a person in a subsequent category is not valid.
(4) Where two or more persons who are not described in the same clause of subsection (2) claim the authority to give or refuse consent under that subsection, the one under the clause occurring first in that subsection prevails.
(5) A person referred to in clauses (
c) to (
g) of subsection (2) shall not exercise the authority given by that subsection unless the person (
a) excepting a spouse, has been in personal contact with the patient over the preceding twelve-month period or has been granted a court order to shorten or waive the twelve-month period; (
b) is willing to assume the responsibility for consenting or refusing consent; (
c) knows of no person of a higher category who is able and willing to make the decision; and (
d) makes a statement in writing certifying the person’s relationship to the patient and the facts and beliefs set out in clauses (
a) to (c).
(6) The attending physician is responsible for obtaining consent from the appropriate person referred to in subsection (2). 54A The substitute decision-maker shall make the decision in relation to specified medical treatment (
a) in accordance with the patient’s prior capable informed expressed wishes unless (
i) technological changes or medical advances make the prior expressed wishes inappropriate in a way that is contrary to the intentions of the patient, or (ii) circumstances exist that would have caused the patient to set out different instructions had the circumstances been known based on what the substitute decision-maker knows of the values and beliefs of the patient and from any other written or oral instructions; (
b) in the absence of awareness of a prior capable informed expressed wish, in accordance with what the substitute decision-maker believes the wishes of the patient would be based on what the substitute decision-maker knows of the values and beliefs of the patient and from any other written or oral instructions; and (
c) if the substitute decision-maker does not know the wishes, values and beliefs of the patient, in accordance with what the substitute decision-maker believes to be in the best interest of the patient. 54B In order to determine the best interest of the patient for the purpose of clause (
b) of
Section 54A, regard shall be had to (
a) whether the condition of the patient will be or is likely to be improved by the specified medical treatment; (
b) whether the condition of the patient will improve or is likely to improve without the specified medical treatment; (
c) whether the anticipated benefit to the patient from the specified medical treatment outweighs the risk of harm to the patient; and ©NS Office of the Registrar of Regulations. Web version. 471
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d) whether the specified medical treatment is the least restrictive and least intrusive treatment that meets the requirements of clauses (a), (
b) and (c). 54C Whoever seeks a person’s consent on a patient’s behalf is entitled to rely on that person’s statement in writing as to the person’s relationship with the patient and as to the facts and beliefs mentioned in clauses (
a) to (
c) of subsection (5) of
Section 54, unless it is not reasonable to believe the statement. 54D
(1) Where a substitute decision-maker approves or refuses treatment on behalf of a patient pursuant to subsection (2) of
Section 54, the Supreme Court of Nova Scotia (Family Division) or the Family Court where there is no Supreme Court (Family Division) may review the provision or refusal of consent when requested to do so by the psychiatrist or the patient to determine whether the substitute decision-maker has rendered a capable informed consent.
(2) Where the court finds that a substitute decision-maker has not rendered a capable informed consent, the next suitable decision-maker in the hierarchy in subsection (2) of
Section 54 becomes the substitute decision-maker. Form B—Revocation of Declaration of Capacity (Section 57, Hospitals Act ) I, _______________________________ (full name), a _____________________ (title) on the staff of _____________________________________ (name of hospital or psychiatric facility), personally examined ___________________________ (full name of person) on ___/___/____ (dd/mm/yyyy) at __________ a.m./p.m. at _____________________ (location of examination).
I declare that in my opinion the person is capable of consenting to the following treatment or treatments: Therefore I am revoking the Declaration of Capacity dated ___/___/____ (dd/mm/yyyy) respecting this person. (date of signature) (signature) (printed name) Note:
Section 2A of the Hospitals Act states: 2A For the purpose of this Act, any reference to a psychiatrist carrying out a capacity or competency assessment means (
a) for the purpose of a person in a psychiatric facility, a psychiatrist as defined in clause (
r) of
Section 2; and (
b) for the purpose of a person in a hospital, the attending physician or other suitable health professional determined by the hospital. Form C—Declaration of Competency (Section 53, Hospitals Act) I, _________________________________ (full name), a ______________________ (title) on the staff of _______________________________________ (name of hospital or psychiatric facility), personally examined 472 ©NS Office of the Registrar of Regulations. Web version.
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Part II - Regulations Vol. 39, No. 8 _______________________________ (full name of person) on ___/___/____ (dd/mm/yyyy) at __________a.m./p.m. at ___________________________ (location of examination). I declare that in my opinion the person (check one) [ ] is competent to administer their estate. [ ] is not competent to administer their estate.
In arriving at this opinion I have considered all of the following: • the nature and degree of the person’s condition • the complexity of the estate • the effect of the condition of the person upon their conduct in administering the estate • any other circumstances that I consider relevant to the estate and the person and their condition.
The following information supports my opinion: 1) Observations from my examination of the patient: 2) Information from other sources: Sources of above information (identify specific sources): Date of admission to hospital or psychiatric facility: ___/___/_____ (dd/mm/yyyy). (date of signature) (signature) (printed name) Note:
Section 2A of the Hospitals Act states: 2A For the purpose of this Act, any reference to a psychiatrist carrying out a capacity or competency ©NS Office of the Registrar of Regulations. Web version. 473
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Part II - Regulations Vol. 39, No. 8 assessment means (
a) for the purpose of a person in a psychiatric facility, a psychiatrist as defined in clause (
r) of
Section 2; and (
b) for the purpose of a person in a hospital, the attending physician or other suitable health professional determined by the hospital. Form D—Revocation of Declaration of Competency (Section 57, Hospitals Act) I, _________________________________ (full name), a ______________________ (title) on the staff of _______________________________________ (name of hospital or psychiatric facility), personally examined ___________________________ (full name of person) on ___/___/____ (dd/mm/yyyy) at _________ a.m./p.m. at ___________________________ (location of examination).
I declare that in my opinion the person is competent to administer their estate. Therefore I am revoking the Declaration of Competency dated ___/___/_____ (dd/mm/yyyy) respecting this person. (date of signature) (signature) (printed name) Note:
Section 2A of the Hospitals Act states: 2A For the purpose of this Act, any reference to a psychiatrist carrying out a capacity or competency assessment means (
a) for the purpose of a person in a psychiatric facility, a psychiatrist as defined in clause (
r) of
Section 2; and (
b) for the purpose of a person in a hospital, the attending physician or other suitable health professional determined by the hospital. Form E—Notice to Public Trustee (Subsection 59(1), Hospitals Act) I, _____________________________ (full name), am the administrator/chief executive officer (circle one) of _____________________________ (name of hospital or psychiatric facility). ___________________________________ (full name of patient), a patient at the hospital/psychiatric facility, has been examined by a psychiatrist and found to be unable to administer their estate.
I hereby advise you that circumstances are such that the Public Trustee should consider immediately assuming management of their estate. 474 ©NS Office of the Registrar of Regulations. Web version.
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Part II - Regulations Vol. 39, No. 8 (date of signature) (signature) (witness’s name—printed) (printed name) (title) Note:
Section 2A of the Hospitals Act states: 2A For the purpose of this Act, any reference to a psychiatrist carrying out a capacity or competency assessment means (
a) for the purpose of a person in a psychiatric facility, a psychiatrist as defined in clause (
r) of
Section 2; and (
b) for the purpose of a person in a hospital, the attending physician or other suitable health professional determined by the hospital. N.S. Reg. 57/2015 Made: March 17, 2015 Filed: March 26, 2015 Number of Councillors Order: Town of Annapolis Royal Order dated March 17, 2015 made by the Nova Scotia Utility and Review Board pursuant to
Section 369 of the Municipal Government Act Order M06637 In the matter of the Municipal Government Act -and- In the matter of an application by the Town of Annapolis Royal to confirm the number of councillors Before: Roberta J. Clarke, Q.C. An Application having been made by the Town of Annapolis Royal pursuant to s. 369 of the Municipal Government Act and the Board having issued its decision on March 17, 2015; It is hereby ordered that the number of councillors for the Town of Annapolis Royal is confirmed at four, to be elected at large.
Dated at Halifax, Nova Scotia this 17th day of March, 2015. sgd: Elaine Wagner Clerk of the Board ©NS Office of the Registrar of Regulations. Web version. 475
N.S. Reg. 58/2015 - 59/2015 Royal Gazette
Part II - Regulations Vol. 39, No. 8 N.S. Reg. 58/2015 Made: March 17, 2015 Filed: March 26, 2015 Number of Councillors Order: Town of Berwick Order dated March 17, 2015 made by the Nova Scotia Utility and Review Board pursuant to
Section 369 of the Municipal Governments Act Order M06572 In the matter of the Municipal Government Act -and- In the matter of an application by the Town of Berwick to confirm the number of councillors Before: Roberta J. Clarke, Q.C. An Application having been made by the Town of Berwick pursuant to s. 369 of the Municipal Government Act and the Board having issued its decision on March 17, 2015; It is hereby ordered that the number of councillors for the Town of Berwick is confirmed at six, to be elected at large.
Dated at Halifax, Nova Scotia this 17th day of March, 2015. sgd: Elaine Wagner Clerk of the Board N.S. Reg. 59/2015 Made: March 12, 2015 Filed: March 26, 2015 Polling Districts and Number of Councillors Order: Municipality of the District of Digby Order dated March 12, 2015 made by the Nova Scotia Utility and Review Board pursuant to
Section 369 of the Municipal Government Act Order M06611 In the matter of the Municipal Government Act -and- In the matter of an application by the Municipality of the District of Digby to confirm the number of councillors and the existing boundaries of the polling districts Before: Roland A Deveau, Q.C., Vice-Chair An application having been made by the Municipality of the District of Digby (the “Municipality”) pursuant to s. 369 of the Municipal Government Act and the Board having issued its decision on March 12, 2015; 476 ©NS Office of the Registrar of Regulations. Web version.
N.S. Reg. 59/2015 - 60/2015 Royal Gazette
Part II - Regulations Vol. 39, No. 8 It is hereby ordered that the number of polling districts for the Municipality is confirmed at five, each electing one councillor. The boundaries of the polling districts shall remain unchanged. Dated at Halifax, Nova Scotia this 12th day of March 2015. sgd: Elaine Wagner Clerk of the Board N.S. Reg. 60/2015 Made: March 12, 2015 Filed: March 26, 2015 Number of Councillors Order: Town of Digby Order dated March 12, 2015 made by the Nova Scotia Utility and Review Board pursuant to
Section 369 of the Municipal Government Act Order M06577 In the matter of the Municipal Government Act -and- In the matter of an application by the Town of Digby to reduce the number of councillors from six to four Before: Roland A Deveau, Q.C., Vice-Chair An Application having been made by the Town of Digby (“Town”) pursuant to s. 369 of the Municipal Government Act and the Board having issued its decision on March 12, 2015; It is hereby ordered that the number of councillors for the Town is reduced from six to four, to be elected at large; And it is further ordered that all provisions of the Municipal Government Act and the Municipal Elections Act and any other Acts of the Province of Nova Scotia applying to the preparation for and holding of the regular election of councillors of the Town in the year 2016 will be complied with as if the above-noted changes been made on the first day of March, 2016, but for all other purposes, such changes shall take effect on the first day of the first meeting of the Council after the election of councillors for the year 2016.
Dated at Halifax, Nova Scotia this 12th day of March, 2015. sgd: Elaine Wagner Clerk of the Board ©NS Office of the Registrar of Regulations. Web version. 477
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Part II - Regulations Vol. 39, No. 8 N.S. Reg. 61/2015 Made: March 19, 2015 Filed: March 26, 2015 Polling Districts and Number of Councillors Order: Town of Pictou Order dated March 19, 2015 made by the Nova Scotia Utility and Review Board pursuant to
Section 369 of the Municipal Government Act Order M06616 In the matter of the Municipal Government Act -and- In the matter of an application by the Town of Pictou to confirm the number of councillors and to reduce the number of polling districts Before: Roberta J. Clarke, Q.C. An Application having been made by the Town of Pictou pursuant to s. 369 of the Municipal Government Act and the Board having issued its written decision on March 18, 2015; It is hereby ordered that the Application is approved as follows: 1. The number of councillors is confirmed at four; 2.
The two polling districts are dissolved, resulting in an at large system for the election of councillors for the Town; And it is further ordered that all provisions of the Municipal Government Act and the Municipal Elections Act and any other Acts of the Province of Nova Scotia applying to the preparation for and holding of the regular election of councillors of the Town in the year 2016 will be complied with as if the above-noted changes had been made on the first day of March, 2016, but for all other purposes, such changes shall take effect on the first day of the first meeting of the Council after the election of councillors for the year 2016.
Dated at Halifax, Nova Scotia this 19th day of March, 2015. sgd: Elaine Wagner Clerk of the Board 478 ©NS Office of the Registrar of Regulations. Web version.
N.S. Reg. 62/2015 - 63/2015 Royal Gazette
Part II - Regulations Vol. 39, No. 8 N.S. Reg. 62/2015 Made: March 12, 2015 Filed: March 26, 2015 Number of Councillors Order: Town of Yarmouth Order dated March 12, 2015 made by the Nova Scotia Utility and Review Board pursuant to
Section 369 of the Municipal Government Act Order M06634 In the matter of the Municipal Government Act -and- In the matter of an application by the Town of Yarmouth to confirm the number of councillors Before: Roland A Deveau, Q.C., Vice-Chair An Application having been made by the Town of Yarmouth pursuant to s. 369 of the Municipal Government Act and the Board having issued its decision on March 12, 2015; It is hereby ordered that the number of councillors for the Town of Yarmouth is confirmed at six, to be elected at large.
Dated at Halifax, Nova Scotia this 12th day of March, 2015. sgd: Elaine Wagner Clerk of the Board N.S. Reg. 63/2015 Made: March 26, 2015 Filed: March 27, 2015 Petroleum Products Prices Order dated March 26, 2015 made by the Nova Scotia Utility and Review Board pursuant to
Section 14 of the Petroleum Products Pricing Act and Sections 16 to 19 of the Petroleum Products Pricing Regulations Order NSUARB-GAS-W-15-16 In the Matter of the Petroleum Products Pricing Act - and - In the Matter of Prescribing Prices for Petroleum Products pursuant to
Section 14 of the Petroleum Products Pricing Act and Sections 16 to 19 of the Petroleum Products Pricing Regulations Before: Peter W. Gurnham, Q.C., Chair
Whereas the purpose of the Petroleum Products Pricing Regulations is to ensure just and reasonable prices for specified petroleum products taking into consideration the objectives of preserving the availability of such products in rural areas, stabilizing prices of such products and minimizing the variances in prices of such ©NS Office of the Registrar of Regulations. Web version. 479
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Part II - Regulations Vol. 39, No. 8 products across the Province; And
whereas the Nova Scotia Utility and Review Board (“Board”) considered the manner in which it would proceed to set petroleum prices in its decision, 2006 NSUARB 108, issued on October 16, 2006; And
whereas the Board revised the retail margin and transportation allowance effective January 6, 2012, in its decision, 2011 NSUARB 181, issued on November 23, 2011; And
whereas the Board revised the wholesale margin effective January 4, 2013, in its decision, 2012 NSUARB 213, issued on December 12, 2012; And
whereas the average of the average of the daily high and low reported product prices (in Canadian cents) for the week ended March 25, 2015, are: Grade 1 Regular gasoline 54.6¢ per litre Ultra-low-sulfur diesel oil 57.7¢ per litre
Now therefore the Board prescribes the benchmark prices for petroleum products to be: Gasoline: Grade 1 54.6¢ per litre Grade 2 57.6¢ per litre Grade 3 60.6¢ per litre Ultra-low-sulfur diesel oil 57.7¢ per litre And
now therefore the Board has determined, based on historical data regarding price changes and to achieve revenue neutrality, it is appropriate to apply, and the Board so orders, forward averaging corrections of: Gasoline: plus 0.5¢ per litre Ultra-low-sulfur diesel oil: minus 0.9¢ per litre And
whereas a winter blending adjustment of plus 3.8¢ per litre is required for ultra-low-sulfur diesel oil; And
now therefore the Board prescribes the prices for petroleum products as set forth in
Schedule “A” effective on and after 12:01 a.m., March 27, 2015. Dated at Halifax, Nova Scotia, this 26th day of March, 2015. sgd: Elaine Wagner Clerk of the Board
Schedule “A” Prices Prescribed for Petroleum Products under the Petroleum Products Pricing Act and the Petroleum Products Pricing Regulations effective on and after 12:01 a.m. on March 27, 2015 Nova Scotia Petroleum Price
Schedule Petroleum Prices in Cents/Litre Self-Service Pump Prices Full-Service Pump Prices (Pump Prices includes 15% HST) Base Wholesale Price Fed. Excise Tax Prov. Tax Wholesale Selling Price Min Max Min Max Zone 1 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 62.3 65.3 68.3 67.8 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 87.8 90.8 93.8 87.2 106.5 109.9 113.4 105.8 108.6 112.0 115.5 107.9 106.5 109.9 113.4 105.8 999.9 999.9 999.9 999.9 480 ©NS Office of the Registrar of Regulations. Web version.
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Part II - Regulations Vol. 39, No. 8 Zone 2 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 62.8 65.8 68.8 68.3 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 88.3 91.3 94.3 87.7 107.1 110.5 114.0 106.4 109.1 112.6 116.0 108.4 107.1 110.5 114.0 106.4 999.9 999.9 999.9 999.9 Zone 3 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 63.2 66.2 69.2 68.7 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 88.7 91.7 94.7 88.1 107.5 111.0 114.4 106.8 109.6 113.0 116.5 108.9 107.5 111.0 114.4 106.8 999.9 999.9 999.9 999.9 Zone 4 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 63.3 66.3 69.3 68.8 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 88.8 91.8 94.8 88.2 107.6 111.1 114.5 107.0 109.7 113.2 116.6 109.0 107.6 111.1 114.5 107.0 999.9 999.9 999.9 999.9 Zone 5 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 63.3 66.3 69.3 68.8 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 88.8 91.8 94.8 88.2 107.6 111.1 114.5 107.0 109.7 113.2 116.6 109.0 107.6 111.1 114.5 107.0 999.9 999.9 999.9 999.9 Zone 6 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 64.0 67.0 70.0 69.5 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 89.5 92.5 95.5 88.9 108.4 111.9 115.3 107.8 110.5 114.0 117.4 109.8 108.4 111.9 115.3 107.8 999.9 999.9 999.9 999.9 N.S.
Reg. 64/2015 Made: March 19, 2015 Filed: March 30, 2015 Health Authorities Ministerial Regulations Order dated March 19, 2015 Regulations made by the Minister of Health and Wellness pursuant to
Section 79 of the Health Authorities Act In the matter of
Section 79 of
Chapter 32 of the Acts of 2014, the Health Authorities Act In the matter of new regulations respecting health authorities made by the Minister of Health and Wellness under to
Section 79 of the Health Authorities Act Order I, Leo A. Glavine, Minister of Health and Wellness for the Province of Nova Scotia, pursuant to
Section 79 of
Chapter 32 of the Acts of 2014, the Health Authorities Act, hereby (
a) make regulations respecting community health boards and hospital parking charges in the form set forth in
Schedule “A”, effective on and after April 1, 2015; ©NS Office of the Registrar of Regulations. Web version. 481
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b) repeal the District Health Authority Parking Fees Exemption Regulations, N.S. Reg 257/2008, made by the Governor in Council by Order in Council 2008-213 dated April 22, 2008; and (
c) repeal the Community Health Board’s [Boards’] Member Selection Regulations, N.S. Reg. 28/2001 made by the Minister of Health dated March 16, 2001. Dated and made at Halifax, in the Halifax Regional Municipality, Province of Nova Scotia, on March 19, 2015. sgd: Leo Glavine Honourable Leo A. Glavine Minister of Health and Wellness
Schedule “A” Regulations Respecting Health Authorities Ministerial Regulations made by the Minister of Health and Wellness under
Section 79 of
Chapter 32 of the Acts of 2014, the Health Authorities Act Citation 1 These regulations may be cited as the Health Authorities Ministerial Regulations.
Definitions 2 In these regulations, “Act” means the Health Authorities Act; “CHB board” means the board of directors of a CHB; “CHB” means a community health board established or continued pursuant to this [the] Act; “CHB Operations Manual” means the CHB operations manual established by the provincial health authority; “designated organization” means an organization designated in subsection 9(1). Number of CHB board members 3 Subject to
Section 64 of the Act, a CHB must determine the number of CHB board members that will constitute its board and the quorum requirements. Selection of CHB board members 4
(1) Subject to the Act, the provincial health authority must determine the process as to how CHB board members are selected and a CHB must establish a CHB volunteer selection committee as defined in the CHB Operations Manual.
(2) The selection process established pursuant to subsection (1), must be open, public and transparent in all respects, including all of the following: (
a) the selection process must, to the extent possible, ensure that the selection of CHB board members is broadly representative of the area served by the CHB, taking into account geographic, cultural, ethnic, and demographic factors; 482 ©NS Office of the Registrar of Regulations. Web version.
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Part II - Regulations Vol. 39, No. 8 (
b) the opportunity to be considered for CHB board membership must be open to all members of the public; (
c) the opportunity to apply for consideration or to put forward the names of others for consideration must be publicly advertised prior to the selection of CHB board members; (
d) the opportunity for applicants to self-identify as members of minority groups, such as persons with disabilities, First Nations, visible and cultural minorities; [sic] (
e) the criteria for selecting members must be included in the advertisements or other mechanisms used to recruit members; (
f) if the selection of CHB board members is to be made through a process that includes public input as to the relative suitability of various applicants the process must be organized in such a way, including appropriate public advertisement, as to give members of the public an equal opportunity to decide whether or not to participate in the process; (
g) no person who is being considered for membership on the CHB board can participate in the selection process; (
h) the information about each applicant that serves as the basis on which members are selected will include the information submitted by or on behalf of the applicant, but the CHB may seek additional relevant information about applicants as part of its process, provided that all information about an applicant that is relied on is available to the applicant on request and does not contravene the Nova Scotia Human Rights Act; and (
i) every applicant for nomination who is not selected will be provided, on their request, with an explanation of the process and the basis for the selection of the nominees.
(3) The selection process must be (
a) defined in writing by the provincial health authority in the CHB Operations Manual and must include the terms of reference of a CHB volunteer selection committee established pursuant to subsection 8(2); and (
b) available on request to any member of the public, a CHB, or the Department of Health and Wellness, and any modifications to the process while membership selection is in process should be of a minor nature only. Eligibility of CHB board members 6 No person shall be permitted to be a member of a CHB board who (
a) is an employee of the provincial health authority, the IWK Health Centre or the Department of Health and Wellness; or (
b) holds privileges with the provincial health authority or the IWK Health Centre. CHB board member attributes 7
(1) Selection of a CHB board member must be based on the applicant’s ability to demonstrate that they have the following attributes: (
a) have leadership potential and an active interest in the community; (
b) have knowledge of health issues or a willingness to learn, or both; ©NS Office of the Registrar of Regulations. Web version. 483
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c) understand and be willing to accept the responsibility and accountability of being a member of a CHB board; (
d) are willing and able to commit the time necessary for the work of the CHB board; (
e) have the ability to work effectively as a member of a team; (
f) have the ability to bring a useful perspective to the deliberations and work of the CHB board; (
g) have the ability to meet the CHB board member qualifications and demonstrated competencies identified in the Community Health Board Operations Manual.
(2) Criteria additional to subsection (1) may be added by the CHB board to address local requirements and must be included in the selection process made pursuant to subsection 4(3). Vacancies 8 The CHB board may fill vacancies in the event a CHB board member is, for any reason, unable to complete the term and the process used to fill such vacancies must be documented in writing prior to filling the vacancies and must be subject to the same requirements as stated in clause 4(1)(a) [4(2)(a)] and subsection 4(3). Designations and exemptions under clauses 79(1)(
m) and (
o) of the Act 9
(1) Every organization that receives Community Transportation Assistance Program funding from the Department of Municipal Affairs is designated for the purpose of clause 79(1)(
m) of the Act.
(2) Every designated organization is exempted from paying any fee or cost charged by a health authority on a monthly, daily, or hourly basis for authorized parking of a motor vehicle on the health authority’s property. N.S. Reg. 65/2015 Made: March 27, 2015 Filed: March 30, 2015 Spring Weight Restrictions Regulations Order dated March 27, 2015 amendment to regulations made by the Director of Operations Services, Department of Transportation and Infrastructure Renewal pursuant to subsection 20(1) of the Public Highways Act In the matter of
Section 20 of
Chapter 371 of the Revised Statutes of Nova Scotia, 1989, the Public Highways Act Order Pursuant to subsection 20(1) of
Chapter 371 of the Revised Statutes of Nova Scotia, 1989, the Public Highways Act, Kevin Mitchell, Director [of] Operations Services, Department of Transportation and Infrastructure Renewal, hereby orders that the regulations respecting spring weight restrictions, N.S. Reg. 38/2015, made by order of the Executive Director of Highway Engineering and Construction, Department of Transportation and Infrastructure, dated March 3, 2015, are amended by striking out item 10 under the heading “Cape Breton County”, item 32 under the heading “Colchester County”, item 8 under the heading “Cumberland County”, item 484 ©NS Office of the Registrar of Regulations. Web version.
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Part II - Regulations Vol. 39, No. 8 7 under the heading “Digby County” and item 14 under the heading “Yarmouth County” in Appendix 1: List of Highways Exempt from Spring Weight Restrictions, and substituting the following items: 10. Route 305, from Highway 125 Exit 3 at Leitches Creek southerly to Superior Propane bulk plant 0.6 km. 32. McClures Mill Road (0405), from Truro Heights Road at Lower Truro easterly to Truro town line (west), 1.2 km. 8. Trunk 6, from Amherst town line (east) easterly to Colchester County line, 71.6 km. 7. Route 340, From Trunk 1 at Weymouth southerly to Green Road, 19.8 km. 14.
Route 340, from Trunk 1 at Hebron northerly to Route 203, 20.3 km. Dated and made at Halifax, Nova Scotia, on March 27, 2015. sgd: Kevin Mitchell Kevin Mitchell, P.Eng. Director, Operations Services Department of Transportation and Infrastructure Renewal N.S. Reg. 66/2015 Made: March 27, 2015 Filed: March 30, 2015 Polling Districts and Number of Councillors Order: Municipality of the District of Yarmouth Order dated March 27, 2015 made by the Nova Scotia Utility and Review Board pursuant to
Section 369 of the Municipal Government Act Order M06575 In the matter of the Municipal Government Act -and- In the matter of an application by the Municipality of the District of Yarmouth to confirm the number of councillors and to alter the boundaries of polling districts Before: Roland A.
Deveau, Q.C., Vice-chair An application having been made by the Municipality of the District of Yarmouth (“Municipality”) pursuant to s. 369 of the Municipal Government Act and the Board having issued its decision on March 27, 2015; It is hereby ordered that the number of polling districts for the Municipality is confirmed at seven, each electing one councillor. The Board approves the proposed changes to the polling district boundaries.
The polling districts are approved as set out in the maps annexed to this Order; And it is further ordered that all provisions of the Municipal Government Act and the Municipal Elections Act and any other Acts of the Province of Nova Scotia applying to the preparation for and holding of the regular election of councillors of the Municipality in the year 2016 will be complied with as if the above-noted changes had been made on the first day of March, 2016, but for all other purposes, such changes shall take effect on the first day of the first meeting of the Council after the election of councillors for the year 2016.
Dated at Halifax, Nova Scotia this 27th day of March, 2015. sgd: Elaine Wagner Clerk of the Board ©NS Office of the Registrar of Regulations. Web version. 485
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Part II - Regulations Vol. 39, No. 8 N.S. Reg. 67/2015 Made: March 20, 2015 Filed: March 31, 2015 IWK Health Centre Corporate Bylaws Order dated March 20, 2015 Regulations approved by the Minister of Health and Wellness pursuant to
Section 6 of the Hospitals Act Certificate of Approval IWK Health Centre Corporate Bylaws pursuant to
Section 6 of the Hospitals Act I, the Honourable Leo A. Glavine, Minister of Health and Wellness, pursuant to
Section 6 of [Chapter 208 of the Revised Statutes of Nova Scotia, 1989,] the Hospitals Act, hereby approve the attached IWK Health Centre Corporate Bylaws, and hereby revoke any previous approvals with respect to the IWK Health Centre Corporate Bylaws. Such approval and revocation shall be effective March 26, 2015. DATED at Halifax, Nova Scotia, this 20th day of March, 2015. sgd: Leo Glavine Honourable Leo A. Glavine Minister of Health and Wellness 1
Definitions 1.1 In these Bylaws: 1.1.1 Act means the Izaak Walton Killam Health Centre [Act], S.N.S. 2001, c. 49 [S.N.S. 1996, c. 26], as amended or replaced from time to time; 1.1.2 ancillary organization means an ancillary organization of which the Board has approved the establishment pursuant to clause 19; 1.1.3 auditor includes a partnership of auditors; 1.1.4 Board means the Board of Directors of the Health Centre; 1.1.5 bylaws means the bylaws of the Health Centre, as amended from time to time, including these Corporate Bylaws, the Medical/Dental/Scientific Staff Bylaws (General) and the Medical/Dental/Scientific Staff Bylaws (Credentialing/Disciplinary); 1.1.6 Chair means the Chair of the Board, or where the context requires, the chair of a committee; 1.1.7 department means a functional sub-unit of the Medical/Dental/Scientific Staff as established by the Board; 1.1.8 director means a member of the Board; 1.1.9 ex officio means membership by virtue of the office, and includes all rights, responsibilities and powers to vote unless otherwise specified; 1.1.10 governance policies means the Board’s governance policies as from time to time in force, as more particularly referenced in clause 20; ©NS Office of the Registrar of Regulations.
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Part II - Regulations Vol. 39, No. 8 1.1.11 Health Centre or Health Centre Cooperation [Corporation] means the Izaak Walton Killam Health Centre; 1.1.12 Health Authorities Act means the Health Authorities Act, S.N.S. 2000, c. 6, and the regulations made thereunder, as amended or replaced from time to time; 1.1.13 Hospitals Act means the Hospitals Act, R.S.N.S. 1989, c. 208, and the regulations made thereunder, as amended or replaced from time to time; 1.1.14 Maritimes means the provinces of New Brunswick, Nova Scotia and Prince Edward Island; 1.1.15 medical/dental/scientific staff means those physicians, dentists and scientists who are licensed under the Medical [Act] and [the] Dental Act, if applicable, and have privileges or who are otherwise permitted to practice [practise] within the Health Centre as more particularly set out in the Medical/Dental/Scientific Staff Bylaws (General), (Credentialing/Disciplinary) and rules and regulations; 1.1.16 officers of the Board means the Chair, Vice-chair and Secretary of the Board; 1.1.17 President and CEO means the person appointed by the Board to be the President and Chief Executive Officer, who is responsible for the administration and management of the Health Centre; 1.1.18 rules and regulations means the Health Centre’s rules and regulations as from time to time in force, as more particularly referenced in clause 19 [21]; and 1.1.19 executive leadership team means Vice-Presidents as appointed under these bylaws, executive directors, and other senior administrative staff as appointed by the President & Chief Executive Officer [and CEO]. 1.2 Extended meanings Words importing the singular number shall include the plural and vice versa, words importing any gender shall include all genders and words importing persons shall include individuals, partnerships, associations, trusts, unincorporated organizations and health centres. 2 The Health Centre 2.1 Annual meeting 2.1.1 Annual meeting of the Health Centre Corporation The Annual Meeting of the Health Centre Corporation shall be held each year not later than the last day of October at such date and time as the Board shall determine. 2.1.2 Notice of meetings of the Health Centre Corporation Notice of the Annual Meeting of the Health Centre Corporation shall be given at least ten days in advance of the meeting and may be given by telephone, in writing or by electronic means to the Directors and by publication in such on newspapers in the Maritimes as are determined from time to time by the Board. 2.1.3 Waiver of notice No error or omission in giving notice for a meeting of the Health Centre Corporation shall invalidate or make void any proceeding taken or had at such a meeting, and any Director of the Health Centre Corporation at any time may waive notice of any meeting and may ratify 496 ©NS Office of the Registrar of Regulations.
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Part II - Regulations Vol. 39, No. 8 and approve any or all proceedings taken or had thereat. 2.1.4 Quorum for meetings of the Health Centre Corporation Eleven (11) members of the Health Centre Corporation present at an annual meeting of the Health Centre Corporation shall constitute a quorum. 2.1.5 Adjournment of meeting of the Health Centre Corporation If, within one-half hour after the time appointed for a meeting of the Health Centre Corporation, a quorum is not present, the meeting shall stand adjourned until a day within two (2) weeks to be determined by the Board. 2.1.6 The chair of a meeting of the Health Centre Corporation The chair of a meeting of the Health Centre Corporation shall be: 2.1.6.1 the Chair of the Board; 2.1.6.2 the Vice-chair of the Board in the absence of the Chair; or 2.1.6.3 a chair elected by and from those members of the Health Centre Corporation entitled to vote who are present if both the Chair and Vice-chair of the Board are absent. 2.1.7 Business transacted at the annual meeting of the Health Centre Corporation Business transacted at the annual meeting of the Health Centre Corporation shall include presentation of the following: 2.1.7.1 minutes of the previous annual meeting; 2.1.7.2 report of the Board including financial statements (operations and capital); 2.1.7.3 report of the unfinished business from any previous meeting of the Health Centre Corporation; 2.1.7.4 report of the Chairman and President and CEO; 2.1.7.5 report of the auditor; 2.1.7.6 report of the Medical Advisory Committee; 2.1.7.7 report of the medical/dental/scientific staff; 2.1.7.8 report of the foundations; 2.1.7.9 other reports and business at the discretion of the Board; 2.1.7.10 business arising; 2.1.7.11 new business; and 2.1.7.12 election of directors. 2.1.8 Minutes of the meeting of the Health Centre Corporation The Secretary shall cause minutes of the meeting of the Health Centre Corporation to be duly recorded. ©NS Office of the Registrar of Regulations.
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Part II - Regulations Vol. 39, No. 8 2.1.9 Voting Questions arising at any meeting of the Health Centre Corporation shall be decided by a majority of votes. The Chair shall be entitled to vote and in the situation of an equality of votes, the motion shall be considered defeated. All votes at any such meeting shall be taken by ballot if so requested by any director of the Health Centre Corporation present, but if no such request is made, the vote shall be taken orally by assent or dissent.
Declaration by the Chair that a resolution has been carried shall be prima facie evidence of the fact without proof of the number or proportion of votes recorded in favo[u]r of or against such resolution. 2.1.10 Questions of procedure Any question[s] of procedure at or for any meeting of the members of the Health Centre Corporation which have not been provided for in these bylaws shall be determined by the Chair of the meeting in accordance with Bourinot’s Rules of Order. 3 Board powers 3.1 In accordance with the Act, the Board shall oversee the business and affairs of the Health Centre. 4 Directors 4.1 Board membership The Board shall consist of the following as directors, each of whom is entitled to vote: 4.1.1 twelve individuals elected by the members of the Health Centre Corporation, each of whom shall serve for a three-year term, provided however that directors may be elected for a term of less than three years to the extent necessary to ensure that the expiry of the terms of such twelve directors is staggered with the terms of no more than six such directors expiring in any one year; 4.1.1.1 in electing directors, the members of the Health Centre Corporation shall ensure that the Board is representative of communities throughout the Maritimes, with either [sic] (8) directors residents of Nova Scotia at least two (2) of whom reside outside the Capital Health District, at least three (3) directors residents of New Brunswick and at least one (1) director residing in Prince Edward Island; 4.1.2 two (2) individuals appointed by the Minister of Health and Wellness; 4.1.3 one (1) individual appointed by the Minister of Health and Wellness who is a director on the Nova Scotia Health Authority Board shall serve as a non-voting director of the Board; 4.1.4 one (1) individual appointed by the Izaak Walton Killam Health Centre Foundation, with such appointment to be made in such manner as the Board may from time to time determine; 4.1.5 the President and CEO; 4.1.6 the President of the medical/dental/scientific staff; 4.1.7 the Chair of the Medical Advisory Committee of the Health Centre; and 4.1.8 the Dean of Medicine, Dalhousie University. 498 ©NS Office of the Registrar of Regulations.
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Part II - Regulations Vol. 39, No. 8 4.2 Appointment of additional directors The Board may from time to time appoint such additional directors as may be necessary or desirable for the proper dispatch of the business of the Health Centre, with a term to be determined by the Board. 4.3 Nominations for elected positions Nominations for election as directors at the annual meeting of the Health Centre shall be made only by: 4.3.1 the Board, or such committee of the Board as the Board may from time to time designate; 4.3.1.1 the Board or such committee shall recruit such persons as will result in the Board, after their election, being in compliance with
section 4.1.1 and representative of communities throughout the Maritimes; to this end, the Board or such committee shall consult with the Chairs of a representative number of the Nova Scotia District Health Authorities and, in New Brunswick and Prince Edward Island, the Minister responsible for public health; or 4.3.2 members of the Health Centre Corporation provided that each such nomination is in writing, signed by at least two members of the Health Centre Corporation and submitted to and received by the Secretary at least thirty days before the date of the annual meeting. 4.4 Qualifications for eligibility and membership on the Board 4.4.1 Eligibility for membership on the Board shall require that the nominee support and promote the objects of the Health Centre and the mission and vision of the Health Centre. 4.5 Restrictions on qualifications 4.5.1 No member of the medical/dental/scientific staff is eligible for election or appointment to the Board except as a member referred to in clauses 4.1.4 through 4.1.8. 4.5.2 No current employee of the Health Centre and no person employed by the Health Centre in the preceding thirty-six months, nor the spouse, child or parent of any such person, shall be eligible for election or appointment to the Board except as a member referred to in clauses 4.1.4 through 4.1.8. 4.5.3 No spouse, child or parent of a member of the Board or senior management team or medical/dental/scientific staff shall be eligible for election or appointment to the Board. 4.5.4 No person shall be eligible for election or appointment to the Board who has the status of an undischarged bankrupt or who is subject to an order under the Incompetent Persons Act (Nova Scotia) or similar legislation declaring such person to be mentally incompetent. 4.6 Defects in appointment 4.6.1 The acts of a director shall be valid notwithstanding any defect that is afterwards discovered in the director’s appointment or qualifications. 4.7 Terms of office 4.7.1 No individual may serve as a director referred to in clause 4.1.1 for more than six ©NS Office of the Registrar of Regulations.
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Part II - Regulations Vol. 39, No. 8 consecutive years. 4.7.2 An individual who has served as a director referred to in clause 4.1.1 for six consecutive years may, after an interval of at least one year, serve as such a director for one, but no more than one, additional three-year term. 4.7.3 For greater certainty, no individual may serve as a director referred to in clause 4.1.1 for more than nine years in total. 4.8 Removal from office 4.8.1 The directors, by resolution passed by a special majority of at least three quarters of the votes cast therein at a meeting of the Board called for that purpose, may remove any director referred to in clause 4.1.1 before the expiration of that director’s term of office and may, by a majority of votes cast at that meeting appoint any person in that director’s place for the remainder of that director’s term. 4.9 Vacating office 4.9.1 The office of a director shall be vacated upon the occurrence of any of the following events: 4.9.1.1 if a receiving order is made against the director or the director makes an assignment under the Bankruptcy and Insolvency Act; 4.8.1.2 if any order is made pursuant to the Incompetent Persons Act or similar legislation declaring the director to be mentally incompetent; 4.8.1.3 if the director shall be removed from the office by resolution of the Board as provided by clause 4.8; 4.8.1.4 if by notice in writing to the Health Centre or the Board the director resigns and such resignation, if not effective immediately becomes effective in accordance with its own terms; or 4.8.1.5 if the director loses his or her qualifications or eligibility as referenced in these bylaws. 4.10 Filling vacancy When a vacancy occurs amongst the elected directors, the vacancy may be filled for the remainder of the term of office of the departing director by an appointment made by the directors still in office by a majority vote at a Board meeting with a quorum in attendance. 4.11 Exercise of powers where vacancy 4.11.1 Where there is [a] vacancy or vacancies on the Board the remaining directors may exercise all powers of the Board as long as a quorum remains in office. 4.12 Remuneration 4.12.1 The directors shall serve as such without remuneration provided that a director may be paid reasonable expenses incurred in the performance of his or her duties. 500 ©NS Office of the Registrar of Regulations.
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Part II - Regulations Vol. 39, No. 8 5 Standard of conduct of directors 5.1 Directors are required to act in the best interests of the Health Centre.
In matters pertaining to the activities of the Board, a director’s duty to the Health Centre is paramount over any personal, local, or financial interests the director may have. 5.2 A director shall not enter into any business arrangement with the Health Centre if such a business arrangement could reasonably be perceived as affecting the director’s judgment with regard to the business of the Health Centre, except: 5.2.1 after having declared to the Board the nature and extent of the director’s interest in the matter: 5.2.1.1 at the meeting at which the matter creating the conflict of interest is first considered, or 5.2.1.2 if the director is not in a conflict of interest at the time described in subclause 5.2.1.1, at the first meeting that is held after the director develops such a conflict of interest; and 5.2.2 having declared the nature and extent of such interest, if the director refrains from voting thereon and absents him[self]/herself from the meeting during discussion and voting on the matter. 5.3 Where a director has entered into a business arrangement contemplated by clause 5.2 prior to becoming a director, the director shall: 5.3.1 declare to the Board the nature and extent of such interest in the matter; and 5.3.2 having declared the nature and extent of such interest refrain from voting thereon and shall absent him[self]/herself from the meeting during discussion and voting on the matter. 5.4 The Board may, at its option, nullify any contract entered into in violation of this clause. 5.5 If a director is an employee of the Board or a member of the medical/dental/scientific staff appointed by the Board: 5.5.1 the director must exercise special care in dealing with matters before the Board so that the credibility of the Board cannot be called into question as a result of bias, real or perceived, that an individual director may have; and 5.5.2 the director shall not be entitled to vote on matters with regard to which the director has an interest that might reasonably be seen as affecting the director’s judgment. 6 Confidential matters 6.1 All directors shall keep confidential all matters brought before the Board and all information to which they may be privy in the exercise of their duties as directors, including in particular, but without limiting the generality of the foregoing, all matters dealing with any patient or client of the Health Centre, except in accordance with law. 6.2 The Board shall authorize one or more persons to make statements to the media or the public as required. ©NS Office of the Registrar of Regulations.
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Part II - Regulations Vol. 39, No. 8 7 Responsibility for Health Centre mission 7.1 The Board shall be responsible for: 7.1.1 establishing and maintaining the overall strategic direction of the Health Centre, including the Health Centre’s health services business plan; 7.1.2 making all appointments and reappointments to the medical/dental/scientific staff and imposing conditions on appointments; 7.1.3 ensuring, through the President and CEO, the appointment of competent and motivated Health Centre personnel, including administrative, nursing, technical and support staff; and 7.1.4 ensuring, through the President and CEO, the financial oversight of the Health Centre’s capital and operations. 7.2 The Board in discharging the responsibilities as defined in clause 7.1.2: 7.2.1 shall ensure that the safety and interests of patients and other recipients of services is a prime concern; 7.2.2 shall ensure the ongoing evaluation of programs and services of the Health Centre in terms of their effectiveness and efficiency; and 7.2.3 may request recommendations from the President and CEO, or any other competent authority. 7.3 The Board shall maintain procedures for: 7.3.1 the establishment and maintenance of appropriate standards for care and service and academic mission related standards and services including those provided by the Canadian Council for Health Services Accreditation (CCHSA); 7.3.2 the continuing evaluation of professional practice and medical/dental/scientific staff functions in order to determine the degree to which predetermined professional standards are being met; and 7.3.3 gaining compliance with predetermined standards and criteria when processes of evaluation indicate that they are not being met. 7.4 Any authority delegated by the Board to medical/dental/scientific staff officials or committees may be revoked by the Board at any time.
No such delegation shall preclude the Board from exercising its authority to meet its responsibilities as set forth in these bylaws. 7.5 Without limiting the generality of the foregoing, the Board shall: 7.5.1 govern, and through the President and CEO, direct the affairs of the Health Centre; 7.5.2 cause the creation of and approve, the Medical/Dental/Scientific Staff Bylaws (General) and the Medical/Dental/Scientific Staff Bylaws (Credentialing/Disciplinary), each of which shall be consistent with these bylaws; 7.5.3 establish procedures for monitoring compliance with the Hospitals Act, the Health Authorities Act, the regulations thereunder, the bylaws, the Act [of] incorporation and any 502 ©NS Office of the Registrar of Regulations.
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Part II - Regulations Vol. 39, No. 8 other relevant legislation, and demonstrate accountability for the Health Centre’s responsibilities to the community and the membership of the Health Centre at the annual meeting; 7.5.4 develop and review on a regular basis the mission, objectives and strategic plan of the Health Centre in relation to the provision, within available resources, of appropriate programs and services in order to meet the needs if the community, and continuum of its teaching, research and leadership mission; 7.5.5 establish policies and procedures to provide the framework for the management and operation of the Health Centre; 7.5.6 in accordance with the Health Authorities Act, appoint an auditor of the Health Centre; 7.5.7 be responsible for the formation of committees as set out in these bylaws; 7.5.8 select, and define the duties and responsibilities of, the President and CEO; 7.5.9 delegate responsibility and concomitant authority to the President and CEO for the management and operation of the Health Centre and require his/her accountability to the Board; 7.5.10 appoint, reappoint, suspend, limit, change, revoke, or otherwise deal with the appointment of persons to the medical/dental/scientific staff and the Health Centre and delineate, suspend, limit, change, revoke or otherwise deal with their respective Health Centre privileges at the discretion of the Board, in accordance with the Health Centre’s medical resource plan, relevant legislation and bylaw requirements; 7.5.11 assess and monitor the acceptance by each member of the medical/dental/scientific staff of his/her responsibility to his/her patient(
s) and to the Health Centre concomitant with the privileges and duties of the appointment and with the bylaws of the Health Centre; 7.5.12 ensure that the medical/dental/scientific staff is properly organized and functions in accordance with the relevant legislation and bylaws and establish appropriate means of accountability on the part of the medical/dental/scientific staff to the Board; 7.5.13 ensure the provision, within available resources, of appropriate equipment and facilities, a safe environment and qualified staff for the services which the Health Centre intends to provide to the community it serves and the successful pursuit of its academic mission; 7.5.14 ensure that the mandates of Board committees are carried out; 7.5.15 ensure that the community which the Health Centre serves is informed about the mission, goals and performance of the Health Centre and regularly review the role and responsibilities of the Health Centre in the provision of health care relative to the community needs and, in the pursuit of its role as a teaching and research organization; 7.5.16 ensure that the community in general and ancillary organizations in particular, are kept properly informed of the use and disposition of the gifts and funds provided to the Health Centre; 7.5.17 ensure that quality assurance, risk management, utilization review and accreditation standards are established for the regular evaluation of the quality of care, and that all Health Centre services, including those of the medical/dental/scientific staff and the Board, are ©NS Office of the Registrar of Regulations.
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Part II - Regulations Vol. 39, No. 8 regularly evaluated in relation to generally accepted standards, and require accountability on a regular basis; 7.5.18 endeavo[u]r to ensure that the Health Centre receives adequate funding to provide the appropriate level and extent of health care services to meet the health needs of the community and, to achieve its teaching hospital, research and leadership mandate; 7.5.19 review regularly the functioning of the Health Centre in relation to its mission, objectives, and strategic plan; and 7.5.20 cause the holding of an annual meeting and ensure that relevant reports are shared with members of the Health Centre Corporation and the community. 8 Officers of the Board 8.1 Appointment of officers 8.1.1 The Board shall elect and/or appoint from the directors referred to in clause 4.1.1 the following officers, as required, at the meeting immediately following the annual meeting of the Health Centre: 8.1.1.1 the Chair of the Board, who shall serve for a two-year term, unless otherwise stipulated by the Board at the time of the Chair’s election; and 8.1.1.2 the Vice-chair of the Board, who shall serve for a two-year term unless otherwise stipulated by the Board at the time of the Vice-chair’s election. 8.1.2 The President and CEO shall serve as the Secretary of the Board. 8.2 Chair 8.2.1 The Chair of the Board shall: 8.2.1.1 when present, preside at all meetings of the Board; 8.2.1.2 report to each annual meeting of the members of the Health Centre Corporation concerning the operations of the Health Centre; 8.2.1.3 sign such documents as may require signature in accordance with the bylaws or decisions of the Board; 8.2.1.4 represent the Health Centre at official public functions; 8.2.1.5 sit as an ex officio member of all Board committees, except the Audit and Risk Committee and Privileges Review Committee; and 8.2.1.6 have such powers and perform such other duties as may from time to time be assigned by the Board. 8.3 Vice-chair 8.3.1 The Vice-chair of the Board shall: 8.3.1.1 have all the powers and perform all the duties of the Chair in the absence or 504 ©NS Office of the Registrar of Regulations.
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Part II - Regulations Vol. 39, No. 8 disability of the Chair; 8.3.1.2 ensure the revision of the bylaws as appropriate and cause a formal review of the bylaws at least every three years; 8.3.1.3 assist the Chair as required in the execution of the Chair’s duties; and 8.3.1.4 have such powers and perform such other duties as may from time to time be assigned by the Board. 8.4 Secretary 8.4.1 The President and CEO shall be Secretary.
The Secretary shall be responsible for: 8.4.1.1 attending all meetings of the Board and Board Committees, either in person or by delegate approved by the Board; 8.4.1.2 the minutes of all Board meetings and circulating the minutes to all members of the Board; 8.4.1.3 ensuring that minutes of all Board committees are taken and circulated to committee members and the Board as appropriate; 8.4.1.4 all correspondence to, or from, the Board; 8.4.1.5 the seal of the Health Centre; 8.4.1.6 providing such notice as required in these bylaws of all meetings of members, the Board and Board Committees; 8.4.1.7 preparation of all reports required by law; 8.4.1.8 the custody of all minute books, corporate documents and registers; 8.4.1.9 such notice as is required in these bylaws of all meetings of the Board and Board committees; 8.4.1.10 all attendance records of those attending the meetings of the Board; and 8.4.1.11 such other duties as may be assigned from time to time by the Board. 9 President and CEO 9.1 The Board shall select and employ a President and CEO for such terms as the Board shall determine who shall be directly responsible to the Board for the management of the Health Centre.
The President and CEO shall be given the necessary authority and be held responsible for the administration of the Health Centre in all its activities and departments, subject only to such policies as may be adopted and such directives as may be issued by the Board. The President and CEO shall act as the duly authorized representative of the Board in all matters for which the Board has not formally designated some other person to perform that function.
The President and CEO shall delegate authority and duties to the appropriate personnel as the President and CEO sees fit. 9.2 The President and CEO shall foster an environment where high-quality health care, teaching and research prosper. This primary goal shall be achieved in part through the example and leadership of ©NS Office of the Registrar of Regulations. Web version. 505
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Part II - Regulations Vol. 39, No. 8 the President and CEO and the promotion of and adherence to the Health Centre’s mission, values and goals. 9.3 The President and CEO: 9.3.1 shall himself or by designate attend all meetings of the Board and shall be an ex officio member of all committees established by the Board, with the exception of the Privileges Review Committee and Audit and Risk Committee; 9.3.2 shall be subject to the direction of the Board in all things, and may be delegated the Board’s authority in whole or part for the overall day to day management of the Health Centre; and 9.3.3 may, in the performance of his/her responsibilities, delegate to members of the executive leadership team and the medical/dental/scientific staff such of his powers and duties as is appropriate. 9.4 Without restricting the generality of the foregoing, the President and CEO shall: 9.4.1 be the administrator of the Health Centre and exercise the authority, and accept and carry out all the duties, obligations and functions of an administrator; 9.4.2 participate in the development of strategic plans for the future of the Health Centre; 9.4.3 develop policies for the operation of the Health Centre and supervise the general administration, organization and management of the Health Centre in accordance with these bylaws and relevant legislation; 9.4.4 assist the Board in establishing and maintaining the overall strategic direction of the Health Centre, including the Health Centre’s health services business plan; 9.4.5 assist the Board in development of the Health Centre’s health services business plan and lead in the implementation of that plan; 9.4.6 represent the Health Centre in its relationship with the community, government and other health care agencies; 9.4.7 ensure that the processes are in place for clinical supervision of patient care in any health facility operated by the Board and in carrying out this responsibility, the President and CEO shall have the power to delegate this responsibility to staff in accordance with policies established by the Board; 9.4.8 ensure the effective and efficient use of financial, human, and physical resources in the Health Centre’s day by day operations; 9.4.9 establish and maintain an overall communications plan for the Health Centre, its services, staff, patients, service recipients, and the public; 9.4.10 maintain relationships with the Department of Health [and Wellness], health associations, related fundraising foundations, ancillary organizations of the Health Centre; 9.4.11 attend or be in his/her absence arrange with the Board for the attendance of a representative at, all meetings of the Board and its committees, and may attend any meeting of an ancillary organization, community health board or an organization which is funded either in whole or in part by the Health Centre; 506 ©NS Office of the Registrar of Regulations.
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Part II - Regulations Vol. 39, No. 8 9.4.12 ensure the availability of Board orientation and continuing education; 9.4.13 report to the Board any matter about which it should have knowledge; 9.4.14 be responsible for all securities and funds of the Health Centre in accordance with policies and guidelines set out from time to time by the Board; 9.4.15 cause the provision of full and accurate reports of all financial holdings and transactions of the Health Centre; 9.4.16 cause the submission of an annual report to the Board showing the financial statements of the Health Centre; 9.4.17 be responsible for the recruitment, selection, retention and discharge of all employees of the Health Centre, including members of the senior management team; 9.4.18 uphold the Health Centre’s commitment to be a learning organization by directing the development of the potential of all employees of the Health Centre; 9.4.19 be responsible for the enforcement of all rules and regulations of the Health Centre, and the observance thereof by all employees and medical/dental/scientific staff; 9.4.20 except as specifically limited by Board policy and guidelines, shall exercise his/her initiative and judgment in the best interest of the Health Centre and its mission; and 9.4.21 carry out such other duties as assigned by the Board from time to time. 9.5 The Board may from time to time appoint a person to act in the place of the President and CEO as it sees fit. 10 Meetings of the Board 10.1 Regular meetings 10.1.1 The Directors may, subject to these bylaws, consider or transact any business, either special or general, at any meeting of the Board. 10.1.2 There shall be at least eight regularly scheduled meetings of the Board held between consecutive annual meetings of the Health Centre.
The meetings shall be held at regular intervals and at a time and place as determined by the Board. 10.1.3 At the discretion of the Board, attendance at meetings may occur by way of teleconference or video conferencing. 10.1.4 Vice-presidents and Executive Directors may attend meetings of the Board, unless otherwise determined by the Board.
Other Health Centre employees may attend meetings of the Board only upon: 10.1.4.1 invitation by the Chair of the Board through the President and CEO; or 10.1.4.2 invitation by the President and CEO with approval of the Chair of the Board. ©NS Office of the Registrar of Regulations. Web version. 507
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Part II - Regulations Vol. 39, No. 8 10.2 Special meetings 10.2.1 Special meetings of the Board may be called by the Chair at any time, or shall be convened by the Chair when the Chair has received notice in writing from at least one half of the Board requesting a special meeting. 10.2.2 Notice of a special meeting of the Board shall be given by telephone or in writing, and shall be given at least forty-eight hours in advance of the meeting. 10.2.3 Notice of a special meeting shall specify the purpose of the meeting.
Business other than that for which the special meeting is called shall not be transacted. 10.2.4 Notwithstanding clause 10.2.3, where all directors are present at a special meeting and unanimously agree, business other than the special business included in the agenda for such meeting may be discussed and transacted. 11 Procedure for Board and Board committee meetings 11.1 A quorum of the Board shall consist of one half plus one of appointed directors. 11.2 A quorum for a committee meeting shall be one half of the members of the committee unless otherwise specified by the Board. 11.3 The notice period for a committee meeting shall be seven days except where the Chair deems otherwise. 11.4 No meeting of the Board or a Board committee shall be valid where notice has not been given according to the bylaws, except where all the persons not receiving such notice and in the form required by the bylaws waive the necessity of such notice.
A declaration by the Chair or the Secretary that notice of the meeting has been duly given pursuant to the bylaws shall be sufficient and conclusive evidence of the giving of such notice. 11.5 A director may participate in a meeting of directors or of a committee of directors by means of such telephone or other communications facilities as permit all persons participating in the meeting to hear each other, and a director participating in such a meeting by such means is deemed to be present at that meeting for purpose of these bylaws. 11.6 The Chair shall determine the order of business to be followed and otherwise regulate meetings of the Board. 11.7 Questions arising at any meetings of the Board or Board committees shall be decided by a majority of votes. 11.8 The Chair shall be entitled to vote and in the situation of an equality of votes, the motion shall be considered defeated. 11.9 All votes at any such meeting shall be taken by ballot if so demanded by any member present, but if no demand is made, the vote shall be taken by oral assent or dissent. 11.10 Each member shall have only one vote and there shall be no voting by proxy. 11.11 A resolution of the Board in writing, signed by all members of the Board, shall be as effective as if passed at a duly constituted meeting of the Board.
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Part II - Regulations Vol. 39, No. 8 voting members of the committee, shall be as effective as if passed at a duly constituted meeting of the committee. 11.12 Committee members who are not members of the Board shall be entitled to vote at Board committee meetings. 11.13 Minutes shall be kept of all meetings of the Board and of all meetings of all Board committees.
All such minutes of the Board and such committees shall be distributed to all members of the Board following such meetings. 11.14 Any question of procedure at or for any meeting of the Board or Board committee which has not been provided for in these bylaws shall be determined by the Chair of the meeting in accordance with Bourinot’s Rules of Order. 12 Committees of the Board 12.1 The Board shall appoint such committees as it may deem necessary for the proper governance of the Health Centre and shall set their terms of reference in one or more of the Board resolution creating the committee, the governance policies or the rules and regulations, and shall appoint the members and Chairs of such committees.
The Board may from time to time eliminate committees or appoint such other committees of such number and with such powers and for such a period of time as may be set forth in the resolution appointing such committees. 12.2 The Board shall require the establishment of a Medical Advisory Committee and in doing so shall establish the terms of reference, membership and reporting structure of this committee.
The Medical Advisory Committee’s terms of reference and membership shall be contained in the Medical/Dental/Scientific Staff Bylaws (General) and (Credentialing/Disciplinary), and shall be consistent with the Health Centre’s Corporate Bylaws.
All Medical/Dental/Scientific Staff Bylaws (General) and (Credentialing/Disciplinary), and all revisions of Medical/Dental/Scientific Staff Bylaws (General) and (Credentialing/Disciplinary), require the approval of the Board. 12.3 The following provisions shall apply to all committees of the Board, subject always to the specific terms of reference established by the Board pursuant to clause 12.1: 12.3.1 The provisions of clauses 11.2 through 11.12 shall apply. 12.3.2 The members of each standing committee of the Board, other than the ex officio members, shall be appointed by the Board at a meeting following the annual general meeting of the Health Centre.
At the time of the appointment of the members of the standing committee, the Board shall designate one of the members to be Chair and one to be Vice-chair of the standing committee. The Chair, Vice-chair and all other members of each standing committees shall serve for a term of one year, which may be renewed from time to time at the discretion of the Board, or until their successors are appointed. 12.3.3 Subcommittees of a standing committee may be established and terms of reference determined from time to time at the discretion of the standing committee.
The subcommittee shall report only to the parent committee unless otherwise specified by the Board. However, upon request, the Board shall be provided with the minutes of the meeting of a subcommittee. 12.3.4 The Chair of the Board and the President and CEO, in addition to the members prescribed for each Board Committee, shall be ex officio members of such committees subject to the exceptions described in these bylaws. ©NS Office of the Registrar of Regulations. Web version. 509
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Part II - Regulations Vol. 39, No. 8 12.3.5 Any vacancy occurring in a committee may be filled by the Chair of the Board. The Director or other individual so appointed shall hold such office until the annual general meeting next following his/her appointment, his/her resignation or until his/her successor is appointed.
A vacancy shall not impair the right of the remaining members to act. 12.3.6 Any member of any Board Committee shall cease to be a member of that committee upon majority resolution of the Board. 12.3.7 Except as otherwise provided: 12.3.7.1 a committee shall provide for the holding of monthly or other periodic meetings.
Special meetings may be called to be held at any time by the Chair or the Vice- chair of the committee in accordance with the notice provisions for meetings of the entire Board as stated in the bylaws; and 12.3.7.2 except as where otherwise provided, the members of committees of the Board shall be appointed from amongst the members of the Board.
The majority of the voting members of any Board committee shall be voting members of the Board. 12.3.8 Unless otherwise required by the Chair of the Board or his designate, the chair of a Board committee shall report in writing to the full Board not later than two months after each meeting of the Board committee.
The Chair of such committee shall also submit such additional reports as may from time to time be required by the Board. 12.3.9 If a Board committee does not appoint its own secretary, then the Secretary of the Board or his/her designate will assume those responsibilities. 12.4 The Board as a whole shall constitute the Hospital Standards Committee required pursuant to the Hospital Insurance Regulations enacted pursuant to the Health Services and Insurance Act, R.S.N.S[. 1989], c. 197, as amended or replaced from time to time. 13 Ad hoc committees 13.1 Without limiting the generality of clause 12.1, the Board may from time to time appoint such ad hoc committees as it may deem advisable, and the composition, duties, and tenure of such committees shall be sole[l]y at the discretion of the Board. 13.2 Any ad hoc committee constituted hereunder shall be deemed to be dissolved when it has fulfilled its terms of reference and has reported to the Board. 14 Banking and financial control 14.1 Banking & borrowing 14.1.1 The banking and other financial business of the Health Centre shall be transacted with such banks, trust companies, securities dealers, brokerage houses, and other bodies corporate or organizations as are from time to time designated by the Board.
Such banking and financial business or any part thereof shall be transacted under such agreements, instruction, and delegations of power as the Board may from time to time prescribe or authorize. 14.1.2 The directors are hereby authorized on behalf of the Health Centre from time to time, subject to Health Authorities Act and the Hospitals Act: 14.1.2.1 to borrow money upon the credit of the Health Centre in such amount and on 510 ©NS Office of the Registrar of Regulations. Web version.
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Part II - Regulations Vol. 39, No. 8 such terms as may be deemed expedient by obtaining loans or advance or by way of overdraft or otherwise; 14.1.2.2 to issue or reissue debt obligations of the Health Centre; 14.1.2.3 to pledge or sell such debt obligations of the Health Centre; 14.1.2.4 to mortgage, charge, hypothecate, pledge or otherwise create a security interest in all or any property real and personal, immovable and movable, undertaking and rights of the Health Centre, owned or subsequently acquired, to secure any debt obligations of the Health Centre present or future or any money borrowed or to be borrowed or any other debt or liability of the Health Centre; and 14.1.2.5 generally, for, in the name of, and on behalf of the Health Centre to transact with any financial institution any business they think fit. 14.1.3 Subject to the Health Authorities Act and Hospitals Act, any two of the Chair of the Board, the Vice-chair of the Board, the President and CEO, the Vice-president and Chief Financial Officer, and such other directors or members if [of] the executive leadership team of the Health Centre as are from time to time designated by resolution of the Board are hereby authorized on behalf of the Health Centre from time to time: 14.1.3.1 to make, draw, accept, endorse, sign and execute, under the seal of the Health Centre or otherwise cheques, promissory notes, bills of exchange, orders for the payment of money and other instruments whether negotiable or not, contracts for letters of credit and forward exchange, and agreements obligating the Health Centre to any of the financial institution with which it deals in respect of obligations or liabilities incurred or to be incurred by such financial institution for the account or benefit of the Health Centre; 14.1.3.2 to borrow money from upon the credit of the Health Centre in such amounts and on such terms as may be deemed expedient by obtaining loans for advances or by way of overdraft or otherwise; 14.1.3.3 to mortgage, hypothecate, charge or pledge, or give security under the Bank Act, R.S.C. 1985, c.
B-1, as amended, or otherwise upon, all or any of the property, real and personal, immovable and movable, undertaking and rights of the Health Centre, present and future to secure all or any money borrowed or to be borrowed, or obligations or liabilities of the Health Centre; 14.1.3.4 to sign or execute, under the Health Centre’s seal or otherwise, and deliver all such assignments, transfers, conveyances, hypotheses [hypothecs], mortgages, charges, pledges, security under the Bank Act or other security, notices of intention to give security under clause [section] 427 of the Bank Act, promises to give security under the Bank Act, agreements, deeds, releases, discharges and other documents and writing as they in their discretion may consider necessary or useful in connection with the Health Centre’s business; and 14.1.3.5 on behalf of the Health Centre from time to time to withdraw from any financial institution, with which the Health Centre deals, all or any securities and property held by such financial institution for safekeeping on behalf of the Health Centre or as collateral security or otherwise and sign and deliver receipts or to direct such financial institution by written instructions signed by such person or persons ©NS Office of the Registrar of Regulations.
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Part II - Regulations Vol. 39, No. 8 to deliver all or any such securities and property to any person or persons named in such instructions. 14.1.4 Such directors and members of the executive leadership team as may be designated from time to time by the Board or any one of them or any of the persons referred to in clause 14.1.3 above are hereby authorized on behalf of the Health Centre from time to time: 14.1.4.1 to deposit with or negotiate or transfer to a financial institution, with which the Health Centre deals for credit, all or any cheques, promissory notes, bills of exchange, orders for the payment of money and other paper negotiable or otherwise, interest or dividend coupons and warrants, securities maturing or called for redemption, and the proceeds of any of them, and for such purpose to make, draw, endorse, sign, execute and deliver all or any of the foregoing or deliver all money thereof to such financial institution endorsed with the name of the Health Centre impressed thereon by rubber stamp or otherwise; and 14.1.4.2 to receive all paid cheques and vouchers and sign and deliver to any financial institution, with which the Health Centre deals such financial institution’s form of settlements of balances and release, and to arrange, settle, balance and certify all books and accounts between the Health Centre and such financial institution, and to receive all securities attached to drafts drawn on the Health Centre to be delivered upon payment of the drafts and all commercial and other paper, and to sign and deliver to the Health Centre receipts for all or any of the foregoing. 14.2 Investments 14.2.1 Any two of the Chair, Vice-chair, Treasurer, President and CEO, and such other members of the executive leadership team of the Health Centre as the Board may from time to time designate, are hereby authorized on behalf of the Health Centre to accept and convey, assign, transfer or otherwise dispose of any or all shares, stocks, bonds, debentures, debenture stock, and other securities of whatsoever nature or kind registered in the name of the Health Centre or held or owned by the Health Centre and to make, execute and sign on behalf of the Health Centre all necessary instruments of assignment, acceptance, of transfer or other documents to effectuate