Volume 45, No. 22 October 22, 2021

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

Page Motor Vehicle Act Off-highway Vehicle Pilot Project Regulations–amendment . . . . . . . . . . . . . . . . . . . . . . . . 126/2021 328 Petroleum Products Pricing Act Prescribed Petroleum Products Prices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125/2021 326 Prescribed Petroleum Products Prices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127/2021 329 In force date of regulations: As of March 4, 2005*, the date a regulation comes into force is determined by subsection 3(6) of the Regulations Act.

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

Chapter 46 of the Acts of 2004 were proclaimed in force. © NS Office of the Registrar of Regulations. Web version. 325

N.S. Reg. 125/2021 Royal Gazette

Part II - Regulations Vol. 45, No. 22 N.S. Reg. 125/2021 Made: September 29, 2021 Filed: October 1, 2021 Prescribed Petroleum Products Prices Order dated September 29, 2021 made by the Nova Scotia Utility and Review Board pursuant to

Section 14 of the Petroleum Products Pricing Act and Sections 16 to 19 of the Petroleum Products Pricing Regulations Order In the matter of the Petroleum Products Pricing Act M10260 - and - In the matter of prescribing prices for petroleum products pursuant to

Section 14 of the Petroleum Products Pricing Act and Sections 16 to 19 of the Petroleum Products Pricing Regulations Before: Jennifer L. Nicholson, CPA, CA, Member

Whereas the purpose of the Petroleum Products Pricing Regulations is to ensure just and reasonable prices for specified petroleum products taking into consideration the objectives of preserving the availability of such products in rural areas, stabilizing prices of such products and minimizing the variances in prices of such products across the Province; And

whereas the Nova Scotia Utility and Review Board (“Board”) considered the manner in which it would proceed to set petroleum product prices in its decision, 2006 NSUARB 108, issued on October 16, 2006; And

whereas the Board revised the wholesale margin effective January 4, 2013, in its decision, 2012 NSUARB 213, issued on December 12, 2012; And

whereas on December 30, 2020, the Board issued an interim order in Matter M09952 increasing the wholesale margin for self-service and full-service gasoline and diesel, on an interim basis, by 2.50 cents per litre (cpl) to a total of 9.15 cpl; And

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

whereas in a decision dated April 15, 2021, in Matter 09727 (2021 NSUARB 50), the Board directed a process to consider a retail markup adjustment mechanism, applied monthly, to address ongoing Covid-19- related reduced sales volumes to ensure just and reasonable prices for petroleum products pending recovery from the pandemic, and on June 2, 2021, the Board issued an order approving the methodology for the monthly adjustment mechanism; And

whereas the average of the average of the daily high and low reported product prices (in Canadian cents) for the period ended September 28, 2021, are: Grade 1 Regular gasoline 75.85¢ per litre Ultra-low-sulfur diesel oil 76.16¢ per litre

Now therefore the Board prescribes the benchmark prices for petroleum products to be: © NS Office of the Registrar of Regulations. Web version. 326

N.S. Reg. 125/2021 Royal Gazette

Part II - Regulations Vol. 45, No. 22 Gasoline: Grade 1 75.85¢ per litre Grade 2 78.85¢ per litre Grade 3 81.85¢ per litre Ultra-low-sulfur diesel oil 76.16¢ 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].20¢ per litre Ultra-low-sulfur diesel oil: plus 1.20¢ per litre And

now therefore the Board orders that a monthly adjustment to the retail markup is required to account for the impact of the Covid-19 pandemic on current sales volumes, as follows: Gasoline: minimum self service and full-service: plus 0.5¢ per litre maximum self-service: plus 0.7¢ per litre Ultra-low-sulfur diesel oil: minimum self service and full-service: plus 0.1¢ per litre maximum self-service: plus 0.2¢ per litre And

whereas a winter blending adjustment of plus 0.53¢ per litre is required for ultra-low-sulfur diesel oil; And

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

Schedule “A” effective on and after 12:01 a.m., October 1, 2021. Dated at Halifax, Nova Scotia, this 29th day of September, 2021. sgd. Crystal Henwood Clerk of the Board

Schedule “A” Prices Prescribed for Petroleum Products under the Petroleum Products Pricing Act and the Petroleum Products Pricing Regulations effective on and after 12:01 a.m. on October 1, 2021 Nova Scotia Petroleum Price

Schedule Petroleum Prices in Cents/Litre Self-Service Full-Service Pump Prices Pump Prices (Pump Prices includes 15% HST) Base Wholesale Price Fed. Excise Tax Prov. Tax Wholesale Selling Price Min Max Min Max Zone 1 Regular Unleaded 87.59 Mid-Grade Unleaded 90.59 Premium Unleaded 93.59 Ultra-Low-Sulfur Diesel 89.92 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 113.09 116.09 119.09 109.32 136.8 139.4 140.3 142.8 143.7 146.3 132.0 134.5 136.8 999.9 140.3 999.9 143.7 999.9 132.0 999.9 © NS Office of the Registrar of Regulations. Web version. 327

N.S. Reg. 125/2021 - 126/2021 Royal Gazette

Part II - Regulations Vol. 45, No. 22 Zone 2 Regular Unleaded 88.09 10.0 15.5 113.59 137.4 139.9 137.4 999.9 Mid-Grade Unleaded 91.09 10.0 15.5 116.59 140.9 143.4 140.9 999.9 Premium Unleaded 94.09 10.0 15.5 119.59 144.3 146.8 144.3 999.9 Ultra-Low-Sulfur Diesel 90.42 4.0 15.4 109.82 132.6 135.0 132.6 999.9 Zone 3 Regular Unleaded 88.49 10.0 15.5 113.99 137.9 140.4 137.9 999.9 Mid-Grade Unleaded 91.49 10.0 15.5 116.99 141.3 143.9 141.3 999.9 Premium Unleaded 94.49 10.0 15.5 119.99 144.8 147.3 144.8 999.9 Ultra-Low-Sulfur Diesel 90.82 4.0 15.4 110.22 133.1 135.5 133.1 999.9 Zone 4 Regular Unleaded 88.59 10.0 15.5 114.09 138.0 140.5 138.0 999.9 Mid-Grade Unleaded 91.59 10.0 15.5 117.09 141.4 144.0 141.4 999.9 Premium Unleaded 94.59 10.0 15.5 120.09 144.9 147.4 144.9 999.9 Ultra-Low-Sulfur Diesel 90.92 4.0 15.4 110.32 133.2 135.6 133.2 999.9 Zone 5 Regular Unleaded 88.59 10.0 15.5 114.09 138.0 140.5 138.0 999.9 Mid-Grade Unleaded 91.59 10.0 15.5 117.09 141.4 144.0 141.4 999.9 Premium Unleaded 94.59 10.0 15.5 120.09 144.9 147.4 144.9 999.9 Ultra-Low-Sulfur Diesel 90.92 4.0 15.4 110.32 133.2 135.6 133.2 999.9 Zone 6 Regular Unleaded 89.29 10.0 15.5 114.79 138.8 141.3 138.8 999.9 Mid-Grade Unleaded 92.29 10.0 15.5 117.79 142.2 144.8 142.2 999.9 Premium Unleaded 95.29 10.0 15.5 120.79 145.7 148.2 145.7 999.9 Ultra-Low-Sulfur Diesel 91.62 4.0 15.4 111.02 134.0 136.4 134.0 999.9 N.S.

Reg. 126/2021 Made: October 1, 2021 Filed: October 4, 2021 Off-highway Vehicle Pilot Project Regulations–amendment Order in Council 2021-234 dated October 1, 2021 Amendment to regulations made by the Governor in Council pursuant to

Section 307 of the Motor Vehicle Act The Governor in Council on the report and recommendation of the Minister of Public Works dated September 22, 2021, and pursuant to

Section 307 of

Chapter 293 of the Revised Statutes of Nova Scotia, 1989, the Motor Vehicle Act, is pleased to amend the Off- highway Vehicle Pilot Project Regulations, N.S. Reg. 168/2018, made by the Governor in Council by Order in Council 2018-252 dated September 24, 2018, to extend the project to October 1, 2023, in the manner set forth in

Schedule “A” attached to and forming part of the report and recommendation, effective on and after October 1, 2021. © NS Office of the Registrar of Regulations. Web version. 328

N.S. Reg. 126/2021 - 127/2021 Royal Gazette

Part II - Regulations Vol. 45, No. 22

Schedule “A” Amendment to the Off-highway Vehicle Pilot Project Regulations made by the Governor in Council under

Section 307 of

Chapter 293 of the Revised Statutes of Nova Scotia, 1989, the Motor Vehicle Act

Section 4 of the Off-highway Vehicle Pilot Project Regulations, N.S. Reg. 168/2018, made by the Governor in Council by Order in Council 2018-252 dated September 24, 2018, is amended by striking out “2021” and substituting “2023”. N.S. Reg. 127/2021 Made: October 7, 2021 Filed: October 8, 2021 Prescribed Petroleum Products Prices Order dated October 7, 2021 made by the Nova Scotia Utility and Review Board pursuant to

Section 14 of the Petroleum Products Pricing Act and Sections 16 to 19 of the Petroleum Products Pricing Regulations Order In the matter of the Petroleum Products Pricing Act M10268 - 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: Stephen McGrath, LL.B., Member

Whereas the purpose of the Petroleum Products Pricing Regulations is to ensure just and reasonable prices for specified petroleum products taking into consideration the objectives of preserving the availability of such products in rural areas, stabilizing prices of such products and minimizing the variances in prices of such products across the Province; And

whereas the Nova Scotia Utility and Review Board (“Board”) considered the manner in which it would proceed to set petroleum product prices in its decision, 2006 NSUARB 108, issued on October 16, 2006; And

whereas the Board revised the wholesale margin effective January 4, 2013, in its decision, 2012 NSUARB 213, issued on December 12, 2012; And

whereas on December 30, 2020, the Board issued an interim order in Matter M09952 increasing the wholesale margin for self-service and full-service gasoline and diesel, on an interim basis, by 2.50 cents per litre (cpl) to a total of 9.15 cpl; And

whereas the Board revised the retail markup and the transportation allowance effective October 28, 2016, in its decision, 2016 NSUARB 168, issued on September 26, 2016, and on February 1, 2021, the Board issued an order in Matter M09727 approving an increase to the minimum self-service and full-service retail markup by 0.3 cpl and to the maximum self-service retail markup by 0.4 cpl, to a total for the minimum of 5.4 cpl, and for the maximum of 7.4 cpl; © NS Office of the Registrar of Regulations. Web version. 329

N.S. Reg. 127/2021 Royal Gazette

Part II - Regulations Vol. 45, No. 22 And

whereas in a decision dated April 15, 2021, in Matter 09727 (2021 NSUARB 50), the Board directed a process to consider a retail markup adjustment mechanism, applied monthly, to address ongoing Covid-19- related reduced sales volumes to ensure just and reasonable prices for petroleum products pending recovery from the pandemic, and on June 2, 2021, the Board issued an order approving the methodology for the monthly adjustment mechanism; And

whereas the average of the average of the daily high and low reported product prices (in Canadian cents) for the period ended October 6, 2021, are: Grade 1 Regular gasoline 79.15¢ per litre Ultra-low-sulfur diesel oil 80.32¢ per litre

Now therefore the Board prescribes the benchmark prices for petroleum products to be: Gasoline: Grade 1 79.15¢ per litre Grade 2 82.15¢ per litre Grade 3 85.15¢ per litre Ultra-low-sulfur diesel oil 80.32¢ per litre And

now therefore the Board has determined, based on historical data regarding price changes and to achieve revenue neutrality, it is appropriate to apply, and the Board so orders, forward averaging corrections of: Gasoline: plus 1.00¢ per litre Ultra-low-sulfur diesel oil: plus 1.90¢ per litre And

now therefore the Board orders that a monthly adjustment to the retail markup is required to account for the impact of the Covid-19 pandemic on current sales volumes, as follows: Gasoline: minimum self service and full-service: plus 0.5¢ per litre maximum self-service: plus 0.7¢ per litre Ultra-low-sulfur diesel oil: minimum self service and full-service: plus 0.1¢ per litre maximum self-service: plus 0.2¢ per litre And

whereas a winter blending adjustment of plus 1.76¢ per litre is required for ultra-low-sulfur diesel oil; And

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

Schedule “A” effective on and after 12:01 a.m., October 8, 2021. Dated at Halifax, Nova Scotia, this 7th day of October, 2021. sgd. Lisa Wallace Clerk of the Board © NS Office of the Registrar of Regulations. Web version. 330

N.S. Reg. 127/2021 Royal Gazette

Part II - Regulations Vol. 45, No. 22

Schedule “A” Prices Prescribed for Petroleum Products under the Petroleum Products Pricing Act and the Petroleum Products Pricing Regulations effective on and after 12:01 a.m. on October 8, 2021 Nova Scotia Petroleum Price

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

Wholesale Excise Selling Tax Price Tax Price Min Max Min Max Zone 1 Regular Unleaded 91.69 10.0 15.5 117.19 141.6 144.1 141.6 999.9 Mid-Grade Unleaded 94.69 10.0 15.5 120.19 145.0 147.5 145.0 999.9 Premium Unleaded 97.69 10.0 15.5 123.19 148.5 151.0 148.5 999.9 Ultra-Low-Sulfur Diesel 96.01 4.0 15.4 115.41 139.0 141.5 139.0 999.9 Zone 2 Regular Unleaded 92.19 10.0 15.5 117.69 142.1 144.7 142.1 999.9 Mid-Grade Unleaded 95.19 10.0 15.5 120.69 145.6 148.1 145.6 999.9 Premium Unleaded 98.19 10.0 15.5 123.69 149.0 151.6 149.0 999.9 Ultra-Low-Sulfur Diesel 96.51 4.0 15.4 115.91 139.6 142.0 139.6 999.9 Zone 3 Regular Unleaded 92.59 10.0 15.5 118.09 142.6 145.1 142.6 999.9 Mid-Grade Unleaded 95.59 10.0 15.5 121.09 146.0 148.6 146.0 999.9 Premium Unleaded 98.59 10.0 15.5 124.09 149.5 152.0 149.5 999.9 Ultra-Low-Sulfur Diesel 96.91 4.0 15.4 116.31 140.1 142.5 140.1 999.9 Zone 4 Regular Unleaded 92.69 10.0 15.5 118.19 142.7 145.2 142.7 999.9 Mid-Grade Unleaded 95.69 10.0 15.5 121.19 146.2 148.7 146.2 999.9 Premium Unleaded 98.69 10.0 15.5 124.19 149.6 152.1 149.6 999.9 Ultra-Low-Sulfur Diesel 97.01 4.0 15.4 116.41 140.2 142.6 140.2 999.9 Zone 5 Regular Unleaded 92.69 10.0 15.5 118.19 142.7 145.2 142.7 999.9 Mid-Grade Unleaded 95.69 10.0 15.5 121.19 146.2 148.7 146.2 999.9 Premium Unleaded 98.69 10.0 15.5 124.19 149.6 152.1 149.6 999.9 Ultra-Low-Sulfur Diesel 97.01 4.0 15.4 116.41 140.2 142.6 140.2 999.9 Zone 6 Regular Unleaded 93.39 10.0 15.5 118.89 143.5 146.0 143.5 999.9 Mid-Grade Unleaded 96.39 10.0 15.5 121.89 147.0 149.5 147.0 999.9 Premium Unleaded 99.39 10.0 15.5 124.89 150.4 152.9 150.4 999.9 Ultra-Low-Sulfur Diesel 97.71 4.0 15.4 117.11 141.0 143.4 141.0 999.9 © NS Office of the Registrar of Regulations.

Web version. 331