Part II Regulations under the Regulations Act Printed by the Queen’s Printer Halifax, Nova Scotia Vol. 36, No. 19 September 21, 2012 Contents Act Reg. No.

Page Apprenticeship and Trades Qualifications Act M a r i n e S e r v i c e T e c h n i c i a n T r a d e D e s i g n a t i o n ..................................170/2012 526 Dalhousie University-Nova Scotia Agricultural College Merger Act Dalhousie University-Nova Scotia Agricultural College Merger Date Order ........... 168/2012 524 Energy-efficient Appliances Act Energy-efficient Appliances Regulations–amendment ............................ 172/2012 529 Farm Practices Act Sonic Devices Regulations .................................................. 169/2012 524 Petroleum Products Pricing Act Prescribed Petroleum Products Prices ......................................... 167/2012 522 Prescribed Petroleum Products Prices ......................................... 171/2012 527 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 Registry of Regulations. Web version. 521

N.S. Reg. 167/2012 Royal Gazette

Part II - Regulations Vol. 36, No. 19 N.S. Reg. 167/2012 Made: August 30, 2012 Filed: August 31, 2012 Prescribed Petroleum Products Prices Order dated August 30, 2012 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-12-35 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: Murray E. Doehler, CA, P. Eng., Member Order

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 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 average of the average of the daily high and low reported product prices (in Canadian cents) for the week ended August 29, 2012, are: Grade 1 Regular gasoline 81.8¢ per litre Ultra-low-sulfur diesel oil 85.2¢ per litre

Now therefore the Board prescribes the benchmark prices for petroleum products to be: Gasoline: Grade 1 81.8¢ per litre Grade 2 84.8¢ per litre Grade 3 87.8¢ per litre Ultra-low-sulfur diesel oil 85.2¢ 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 1.4¢ per litre Ultra-low-sulfur diesel oil: plus 1.0¢ per litre And

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

Schedule “A” effective on and after 12:01 a.m., August 31, 2012. Dated at Halifax, Nova Scotia, this 30th day of August, 2012. Sgd: Elaine Wagner Clerk of the Board 522 © NS Registry of Regulations. Web version.

N.S. Reg. 167/2012 Royal Gazette

Part II - Regulations Vol. 36, No. 19

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 August 31, 2012 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 89.7 92.7 95.7 92.7 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 115.2 118.2 121.2 112.1 138.0 141.5 144.9 134.4 140.1 143.5 147.0 136.5 138.0 141.5 144.9 134.4 999.9 999.9 999.9 999.9 Zone 2 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 90.2 93.2 96.2 93.2 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 115.7 118.7 121.7 112.6 138.6 142.0 145.5 135.0 140.6 144.1 147.5 137.1 138.6 142.0 145.5 135.0 999.9 999.9 999.9 999.9 Zone 3 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 90.6 93.6 96.6 93.6 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 116.1 119.1 122.1 113.0 139.0 142.5 145.9 135.5 141.1 144.6 148.0 137.5 139.0 142.5 145.9 135.5 999.9 999.9 999.9 999.9 Zone 4 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 90.7 93.7 96.7 93.7 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 116.2 119.2 122.2 113.1 139.2 142.6 146.1 135.6 141.2 144.7 148.1 137.7 139.2 142.6 146.1 135.6 999.9 999.9 999.9 999.9 Zone 5 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 90.7 93.7 96.7 93.7 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 116.2 119.2 122.2 113.1 139.2 142.6 146.1 135.6 141.2 144.7 148.1 137.7 139.2 142.6 146.1 135.6 999.9 999.9 999.9 999.9 Zone 6 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 91.4 94.4 97.4 94.4 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 116.9 119.9 122.9 113.8 140.0 143.4 146.9 136.4 142.0 145.5 148.9 138.5 140.0 143.4 146.9 136.4 999.9 999.9 999.9 999.9 © NS Registry of Regulations.

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N.S. Reg. 168/2012 - 169/2012 Royal Gazette

Part II - Regulations Vol. 36, No. 19 N.S. Reg. 168/2012 Made: August 31, 2012 Filed: September 4, 2012 Dalhousie University-Nova Scotia Agricultural College Merger Date Order Order in Council 2012-276 dated August 31, 2012 Order made by the Governor in Council pursuant to subsection 19(1) of the Dalhousie University-Nova Scotia Agricultural College Merger Act The Governor in Council on the report and recommendation of the Minister of Agriculture dated August 28, 2012, and pursuant to subsection 19(1) of

Chapter 3 of the Acts of 2012, the Dalhousie University-Nova Scotia Agricultural College Merger Act, is pleased to fix the date for the merger of the Nova Scotia Agricultural College with Dalhousie University as September 1, 2012. N.S. Reg. 169/2012 Made: August 31, 2012 Filed: September 4, 2012 Sonic Devices Regulations Order in Council dated August 31, 2012 Regulations made by the Governor in Council pursuant to

Section 15 of the Farm Practices Act The Governor in Council on the report and recommendation of the Minister of Agriculture dated August 2, 2012, and pursuant to

Section 15 of

Chapter 3 of the Acts of 2000, the Farm Practices Act, is pleased to make regulations respecting sonic device usage in the form set forth in

Schedule “A” attached to and forming part of the report and recommendation, effective on and after August 31, 2012.

Schedule “A” Regulations Respecting Acceptable Practices for Using Sonic Devices to Protect Crops made by the Governor in Council under

Section 15 of

Chapter 3 of the Acts of 2000, the Farm Practices Act Citation 1 These regulations may be cited as the Sonic Devices Regulations.

Definitions 2 In these regulations, “firing” means a discharge of sound from a sonic device; “in use”, in relation to a sonic device, means being fired or ready for immediate firing; “sonic device” means any machinery that is able to produce sound of greater than 100 decibels in volume and is used to protect crops from bird[s] and other animals. 524 © NS Registry of Regulations. Web version.

N.S. Reg. 169/2012 Royal Gazette

Part II - Regulations Vol. 36, No. 19 Minimum separation from property, road or path 3( 1 ) Except as provided in subsection (2), and unless consent to a shorter distance is given under subsection (3), there must be a distance of at least 175 m (575 ft.) between a sonic device in use and any of the following: (

a) a private property other than the property on which the sonic device is located; (

b) a public road or public pathway.

(2) For a sonic device that is set to emit sound of 100 decibels or less, the minimum separation distance is 125 m (410 ft.).

(3) An affected property owner may consent in writing to a shorter minimum distance than that required by subsection (1) or (2), and may change or revoke their consent at any time. Minimum separation distance between sonic devices 4 There must be a distance of at least 75 m (245 ft.) between any 2 sonic devices in use. Placing directional sonic device 5( 1 ) In this Section, “directional sonic device” means a sonic device that emits most of its generated sound in 1 general direction.

(2) A person must not point a directional sonic device at any of the following: (

a) a structure built for storage or residence purposes; (

b) a public road or public pathway. Permitted times for firing sonic device 6( 1 ) A sonic device may be fired only during the period between 30 minutes before sunrise and 30 minutes after sunset.

(2) For the purpose of this Section, sunrise and sunset times for a given day are as published by a federal government department or a local newspaper for the geographical location closest to the location of the sonic device. Maximum discharge frequency 7( 1 ) In this Section, “activation” of a sonic device means 2 or 3 firings from the device within a 30- second period.

(2) The maximum frequency at which a sonic device may be fired is either (a) 1 firing every 5 minutes; or (b) 11 activations every hour. Monitoring requirements 8( 1 ) An owner of a sonic device or the owner’s designate must check the device at least once a week to ensure that it meets the requirements of these regulations, and in particular must check all of the following: (

a) the volume level at which the device is set; © NS Registry of Regulations. Web version. 525

N.S. Reg. 169/2012 - 170/2012 Royal Gazette

Part II - Regulations Vol. 36, No. 19 (

b) the times during which the device is programmed to be in use; (

c) the frequency at which the device is being fired.

(2) An owner of a sonic device or the owner’s designate must provide the name, address, telephone number and e-mail address of each person who uses the sonic device to the Department of Agriculture through the regional office of the Department that is nearest to the owner’s location. N.S. Reg. 170/2012 Made: September 4, 2012 Filed: September 5, 2012 Marine Service Technician Trade Designation Order dated September 4, 2012 made by the Minister of Labour and Advanced Education pursuant to

Section 17 of the Apprenticeship and Trades Qualifications Act In the matter of

Section 17 of

Chapter 1 of the Acts of 2003, the Apprenticeship and Trades Qualifications Act - and - In the matter of designating the marine service technician trade as a designated trade Order I, Marilyn More, Minister of Labour and Advanced Education, pursuant to

Section 17 of

Chapter 1 of the Acts of 2003, the Apprenticeship and Trades Qualifications Act, hereby designate the marine service technician trade as a designated trade, effective on and after the date of this Order. Dated and made at Halifax, Nova Scotia, Sept. 4, 2012. sgd.: Marilyn More Honourable Marilyn More Minister of Labour and Advanced Education 526 © NS Registry of Regulations. Web version.

N.S. Reg. 171/2012 Royal Gazette

Part II - Regulations Vol. 36, No. 19 N.S. Reg. 171/2012 Made: September 6, 2012 Filed: September 10, 2012 Prescribed Petroleum Products Prices Order dated September 6, 2012 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-12-36 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: Kulvinder S. Dhillon, P. Eng., Member Order

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 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 average of the average of the daily high and low reported product prices (in Canadian cents) for the week ended September 5, 2012, are: Grade 1 Regular gasoline 82.4¢ per litre Ultra-low-sulfur diesel oil 85.6¢ per litre

Now therefore the Board prescribes the benchmark prices for petroleum products to be: Gasoline: Grade 1 82.4¢ per litre Grade 2 85.4¢ per litre Grade 3 88.4¢ per litre Ultra-low-sulfur diesel oil 85.6¢ 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 1.2¢ per litre Ultra-low-sulfur diesel oil: plus 0.6¢ per litre And

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

Schedule “A” effective on and after 12:01 a.m., September 7, 2012. Dated at Halifax, Nova Scotia, this 6th day of September, 2012. Sgd: Elaine Wagner Clerk of the Board © NS Registry of Regulations. Web version. 527

N.S. Reg. 171/2012 Royal Gazette

Part II - Regulations Vol. 36, No. 19

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 September 7, 2012 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 90.1 93.1 96.1 92.7 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 115.6 118.6 121.6 112.1 138.5 141.9 145.4 134.4 140.5 144.0 147.4 136.5 138.5 141.9 145.4 134.4 999.9 999.9 999.9 999.9 Zone 2 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 90.6 93.6 96.6 93.2 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 116.1 119.1 122.1 112.6 139.0 142.5 145.9 135.0 141.1 144.6 148.0 137.1 139.0 142.5 145.9 135.0 999.9 999.9 999.9 999.9 Zone 3 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 91.0 94.0 97.0 93.6 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 116.5 119.5 122.5 113.0 139.5 142.9 146.4 135.5 141.6 145.0 148.5 137.5 139.5 142.9 146.4 135.5 999.9 999.9 999.9 999.9 Zone 4 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 91.1 94.1 97.1 93.7 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 116.6 119.6 122.6 113.1 139.6 143.1 146.5 135.6 141.7 145.1 148.6 137.7 139.6 143.1 146.5 135.6 999.9 999.9 999.9 999.9 Zone 5 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 91.1 94.1 97.1 93.7 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 116.6 119.6 122.6 113.1 139.6 143.1 146.5 135.6 141.7 145.1 148.6 137.7 139.6 143.1 146.5 135.6 999.9 999.9 999.9 999.9 Zone 6 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 91.8 94.8 97.8 94.4 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 117.3 120.3 123.3 113.8 140.4 143.9 147.3 136.4 142.5 145.9 149.4 138.5 140.4 143.9 147.3 136.4 999.9 999.9 999.9 999.9 528 © NS Registry of Regulations.

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N.S. Reg. 172/2012 Royal Gazette

Part II - Regulations Vol. 36, No. 19 N.S. Reg. 172/2012 Made: September 10, 2012 Filed: September 12, 2012 Energy-efficient Appliances Regulations Order in Council 2012-295 dated September 10, 2012 Amendment to regulations made by the Governor in Council pursuant to

Section 5 of the Energy-efficient Appliances Act The Governor in Council on the report and recommendation of the Minister of Energy dated August 28, 2012, and pursuant to

Section 5 of

Chapter 2 of the Acts of 1991, the Energy-efficient Appliances Act, is pleased to amend the Energy-efficient Appliances Regulations, N.S. Reg. 400/2008, made by the Governor in Council by Order in Council 2008-501 dated September 23, 2008, to add provisions respecting the use of LED technology for roadway street lighting, in the manner set forth in

Schedule “A” attached to and forming part of the report and recommendation, effective on and after September 10, 2012.

Schedule “A” Amendment to the Energy-efficient Appliances Regulations made by the Governor in Council under

Section 5 of

Chapter 2 of the Acts of 1991, the Energy-efficient Appliances Act 1

Section 2 of the Energy-efficient Appliances Regulations, N.S. Reg. 400/2008, made by the Governor in Council by Order in Council 2008-501 dated September 23, 2008, is amended by (

a) adding the following clause immediately after clause (e): (ea) “conventional roadway lighting” means non-high mast roadway lighting, including conversions from cobra-head lighting, used along streets, roadways and highways, but does not include decorative street lighting; (

b) adding the following clauses immediately after clause (h): (ha) “IESNA” means the Illuminating Engineering Society of North America; (hb) “LED” means light emitting diode; (hc) “municipality” means (

i) a regional municipality, town or county or district municipality, (ii) an electric utility owned and operated by a municipal body referred to in subclause (i); (

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

i) and adding a semicolon, and adding the following clause immediately after clause (i): (j) “NSPI” means Nova Scotia Power Incorporated. © NS Registry of Regulations. Web version. 529

N.S. Reg. 172/2012 Royal Gazette

Part II - Regulations Vol. 36, No. 19 2 The regulations are further amended by adding th e following Sections immediately after

Section 7: Restrictions on use of non-LED roadway lighting 8( 1 ) Conventional lighting that is not LED and that fails to comply with ANSI/IESNA RP-8, American National Standard Practice for Roadway Lighting must not be used by the following after the dates indicated: (

a) by NSPI, after December 31, 2019; (

b) by a municipality, after December 31, 2022.

(2) Except as provided in subsection (3), after the date these regulations come into force, any fixture that requires maintenance or fails to comply with ANSI/IESNA RP-8, American National Standard Practice for Roadway Lighting must be replaced with LED lighting that complies with the standard. (3) Subsection (2) does not apply if a replacement

schedule that meets the applicable requirements of subsection (1) is approved by the Minister. Reports for roadway lighting compliance 9( 1 ) On or before June 30, 2013, each municipality must file a report with the Minister setting out all of the following: (

a) the number of non-high mast roadway lights it owns; (

b) whether the municipality intends to take ownership of any non-high mast roadway lights owned by NSPI; (

c) the replacements to conventional road way lighting, beginning on June 30, 2013, to comply with the restrictions set out in

Section 8.

(2) On or before June 30, 2013, each municipality must inform NSPI in writing if the municipality intends to take ownership of any non-high mast roadway lights and identify the lights by location.

(3) On or before September 30, 2013, NSPI must file a report with the Minister that includes all of the following: (

a) the number of non-high mast roadway light s it owns and the locations of the lights; (

b) whether a municipality intends to take ownership of any non-high mast roadway lights owned by NSPI; (

c) the replacements to conventional roadwa y lighting, beginning on September 30, 2013, to comply with the restrictions set out in

Section 8. 3

Schedule 1: Table of Designated Appliances and Co rresponding Efficiency Standards to the regulations is amended by striking out the row containing item 16 and substituting the following row: 16. Conventional roadway lighting LED LED fixture complies with ANSI/IENA RP-8 criteria On or after Jan. 1, 2009 530 © NS Registry of Regulations. Web version.