Prosthetic Devices Tariffs Regulations–amendment

N.S. Reg. 101/2024

Nova Scotia — Gazette

In force date of regulations: As of November 28, 2023*, the date a regulation comes into force is determined by subsection 3(6) of the Regulations Act. A regulation comes into force on the date it is filed unless the regulation states that it comes into force on a later date, or the Act that the regulation is made under authorizes the regulation to come into force on a date earlier than the date it was filed or authorizes another method of coming into force. *Date that subsections 3(4) and (5) of

Chapter 54 of the Acts of 2022,

An Act to Amend

Chapter 393 of the Revised Statutes, 1989, the Regulations Act, were proclaimed in force. Volume 48, No. 12 June 14, 2024

Part II Halifax, Nova Scotia Regulations under the Regulations Act Published by Authority Contents Act Reg. No. Page Health Services and Insurance Act M.S.I.

Regulations–amendment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102/2024 217 Prosthetic Devices Tariffs Regulations–amendment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103/2024 217 Tariff of Fees for Insured Ocular Prosthetic Services–repeal . . . . . . . . . . . . . . . . . . . . . . 104/2024 217 Income Tax Act Capital Investment Tax Credit Regulations–amendment . . . . . . . . . . . . . . . . . . . . . . . . . . 109/2024 247 Petroleum Products Pricing Act Prescribed Petroleum Products Prices (dispensed from publication) . . . . . . . . . . . . . . . . . 101/2024 216 Prescribed Petroleum Products Prices (dispensed from publication) . . . . . . . . . . . . . . . . . 105/2024 218 Regulated Health Professions Act Proclamation of Act, S. 241, S.N.S. 2023, c. 15–S. 196, 204, 222(q), 222(u), 228(b), 229(c), 229(d), 230(1), 233, 234 & 236 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108/2024 245 Paramedicine Regulations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107/2024 236 Regulated Health Professions General Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106/2024 218 215

N.S. Reg. 101/2024 - 102/2024 to 104/2024 Royal Gazette

Part II - Regulations Vol. 48, No. 12 N.S. Reg. 101/2024 Made: May 23, 2024 Filed: May 23, 2024 Prescribed Petroleum Products Prices Order dated May 23, 2024 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 [Please note: Prescribed Petroleum Products Prices filed with the Office of the Registrar of Regulations on and after January 23, 2023, will no longer be published in the Royal Gazette

Part II. Publication of the Prescribed Petroleum Products Prices has been dispensed with by order of the Attorney General dated January 23, 2023, and published on page 63 of the February 10, 2023, issue of the Royal Gazette

Part II. Current and historical Prescribed Petroleum Products Prices are available for inspection in person at the Office of the Registrar of Regulations and can be viewed on the Nova Scotia Utility and Review Board’s website at the following address: https://nsuarb.novascotia.ca/mandates/gasoline-diesel-pricing.] N.S. Reg. 102/2024 to 104/2024 Made: May 29, 2024 Filed: May 29, 2024 M.S.I.

Regulations–amendment; Prosthetic Devices Tariffs Regulations–amendment; Tariff of Fees for Insured Ocular Prosthetic Services–repeal Order dated May 29, 2024 Amendment to regulations and repeal of regulations made by the Minister of Health and Wellness pursuant to subsection 12(1) of the Health Services and Insurance Act In the matter of subsection 12(1) of

Chapter 197 of the Revised Statutes of Nova Scotia, 1989, the Health Services and Insurance Act -and- In the matter of the repeal of the insured ocular prosthetic services program regulations Order I, Michelle Thompson, Minister of Health and Wellness for the Province of Nova Scotia, pursuant to subsection 12(1) of

Chapter 197 of the Revised Statutes of Nova Scotia, 1989, the Health Services and Insurance Act, hereby (

a) amend the M.S.I. Regulations, N.S. Reg. 41/1969, made by the Governor in Council by Order in Council 69-276 dated March 28, 1969, in the manner set forth in the attached

Schedule “A”; (

b) amend the Prosthetic Devices Tariffs Regulations, N.S. Reg. 32/1999, made by the Governor in Council by Order in Council 1999-146 dated April 7, 1999, in the manner set forth in the attached

Schedule “B”; and 216

N.S. Reg. 102/2024 to 104/2024 - 103/2024 Royal Gazette

Part II - Regulations Vol. 48, No. 12 (

c) repeal the Tariff of Fees for Insured Ocular Prosthetic Services, N.S. Reg. 103/2021, made by the Minister of Health and Wellness by order dated June 15, 2021. [N.S. Reg. 104/2024] This order is effective on and after June 1, 2024. Dated and made May 29, 2024, 2024, at Halifax Regional Municipality, Province of Nova Scotia. sgd. Michelle Thompson Honourable Michelle Thompson Minister of Health and Wellness N.S. Reg. 102/2024 M.S.I. Regulations–amendment

Schedule “A” Amendment to the M.S.I. Regulations made by the Minister of Health and Wellness under subsection 12(1) of

Chapter 197 of the Revised Statutes of Nova Scotia, 1989, the Health Services and Insurance Act Clause 12(

b) of the M.S.I. Regulations, N.S. Reg. 41/1969, made by the Governor in Council by Order in Council 69-276 dated March 28, 1969, is repealed. N.S. Reg. 103/2024 Prosthetic Devices Tariffs Regulations–amendment

Schedule “B” Amendment to the Prosthetic Devices Tariffs Regulations made by the Minister of Health and Wellness under subsection 12(1) of

Chapter 197 of the Revised Statutes of Nova Scotia, 1989, the Health Services and Insurance Act 1

Section 4 of the Prosthetic Devices Tariffs Regulations, N.S. Reg. 32/1999, made by the Governor in Council by Order in Council 1999-146 dated April 7, 1999, is repealed. 2 The regulations are further amended by repealing

Schedule “C”. 217

N.S. Reg. 105/2024 - 106/2024 Royal Gazette

Part II - Regulations Vol. 48, No. 12 N.S. Reg. 105/2024 Made: May 30, 2024 Filed: May 30, 2024 Prescribed Petroleum Products Prices Order dated May 30, 2024 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 [Please note: Prescribed Petroleum Products Prices filed with the Office of the Registrar of Regulations on and after January 23, 2023, will no longer be published in the Royal Gazette

Part II. Publication of the Prescribed Petroleum Products Prices has been dispensed with by order of the Attorney General dated January 23, 2023, and published on page 63 of the February 10, 2023, issue of the Royal Gazette

Part II. Current and historical Prescribed Petroleum Products Prices are available for inspection in person at the Office of the Registrar of Regulations and can be viewed on the Nova Scotia Utility and Review Board’s website at the following address: https://nsuarb.novascotia.ca/mandates/gasoline-diesel-pricing.] N.S.

Reg. 106/2024 Made: May 30, 2024 Filed: May 30, 2024 Regulated Health Professions General Regulations Order in Council 2024-180 dated May 30, 2024 Regulations made by the Governor in Council pursuant to Sections 13 and 177 of the Regulated Health Professions Act The Governor in Council on the report and recommendation of the Minister of Health and Wellness dated May 21, 2024, and pursuant to Sections 13 and 177 of

Chapter 15 of the Acts of 2023, the Regulated Health Professions Act, is pleased to make new general regulations respecting regulated health professions, in the form set forth in

Schedule “A” attached to and forming part of the report and recommendation, effective on and after June 3, 2024.

Schedule “A” General Regulations Respecting Regulated Health Professions made by the Governor in Council under Sections 13 and 177 of

Chapter 15 of the Acts of 2023, the Regulated Health Professions Act

Interpretation Citation 1 These regulations may be cited as the Regulated Health Professions General Regulations.

Definitions 2

(1) In these regulations, “Act” means the Regulated Health Professions Act; 218

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Part II - Regulations Vol. 48, No. 12 “competency matrix” means a tool that supports the recruiting and selection of pool members based on the competencies required to administer the Act in the public interest; “format of the hearing” means whether the hearing is in-person, virtual or hybrid; “health authority” means a health authority established under the Health Authorities Act; “Network member” means [a] Network member as defined in the Regulated Health Professions Network Act.

(2) In the Act and these regulations, “de-identified information” means de-identified information as defined in the Personal Health Information Act; “personal information” means personal information as defined in the Freedom of Information and Protection of Privacy Act.

(3) In the Act, “competence assessment” is further defined to include a process approved by a statutory committee to assess competence; “conditional licence” is further defined to include the categories of conditional licences prescribed in the regulations and bylaws; “current contact information” in clause 60(1)(

c) of the Act includes any legal name changes; “incorporated entity” means a legal entity formed by incorporation and includes professional incorporation by a registrant, and “professional corporation” has the same meaning; “licensing category” means the categories of licence set out in the Act, regulations and bylaws, and “category of licence” and “category of licensing” have the same meaning; “practising licence” means a licence issued under the Act authorizing a registrant to engage in practice without conditions or restrictions, and includes the categories of practising licence prescribed in the regulations and bylaws; “professional incorporation” means the act of incorporation by a registrant; “regulated health services” means health services delivered by a registrant; “research” means research as that term is used in Sections 29 and 30 of the Freedom of Information and Protection of Privacy Act.

(4) In subsection 27(2) of the Act, “education programs” means approved education programs and any other education programs that the registrar considers relevant to the practice of the regulated health profession that qualified the registrant for registration or licensing or qualified them to practise within an expanded scope of practice. 219

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Part II - Regulations Vol. 48, No. 12 Regulatory Body Requirements Registrar must send proposed bylaws to Network members 3 In addition to the requirements of subsection 12(3) of the Act, the registrar must send a copy of a proposed bylaw to the Nova Scotia Regulated Health Professions Network Administrator to distribute to Network members. Feedback on proposed bylaws under subsection 12(2) of Act 4

(1) When making or amending a bylaw under clause 12(2)(b), (

c) or (

f) of the Act, the registrar must send a copy of the proposed bylaw to the Nova Scotia Regulated Health Professions Network Administrator and any private health facilities the registrar considers relevant and must provide at least 30 days for feedback.

(2) When making or amending a bylaw under clause 12(2)(h), (

k) or (

m) of the Act, the registrar must send a copy of the proposed bylaw to the Nova Scotia Regulated Health Professions Network Administrator and any employers the registrar considers relevant and must provide at least 30 days for feedback.

(3) The registrar may waive or abbreviate the feedback period in subsection (1) or (2) if the registrar determines it is in the public interest to do so.

(4) When making or amending a bylaw under clause 12(2)(h), (

k) or (

m) of the Act, the board must provide the Minister with rationale for the bylaws, in a form approved by the Minister, at least 180 days before approving the bylaw.

(5) The Minister may waive or abbreviate the notice period in subsection (4) if the Minister determines it is in the public interest to do so.

(6) This

Section does not apply to a bylaw made in the first year after a regulatory body is established under the Act, if, in the opinion of the registrar, the bylaw does not make any substantive changes to the practices in place immediately before the regulatory body was established, regardless of whether those practices were set out in the former Act, regulations, bylaws, policies or standards of the existing regulator.

(7) To meet the requirements of subsections 12(3) and (4) of the Act and this Section, an existing regulator must do all of the following: (

a) send a copy of a proposed bylaw or amendment to a bylaw to each registrant, the Minister and any other person or organization identified in this Section, in accordance with

Section 151 of the Act; (

b) publish notice of a proposed bylaw or amendment to a bylaw on its website for at least 30 days with a request for feedback. Term of appointment for public representative board members 5

(1) The term of appointment for a public representative appointed to the board of a regulatory body is 3 years, regardless of whether the public representative is appointed by the Governor in Council or a regulatory body.

(2) A public representative must not serve for more than 2 consecutive terms.

(3) In subsection (2), “consecutive” means 12 months or less have elapsed between the end of one term and the beginning of the next. 220

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Part II - Regulations Vol. 48, No. 12 Publication of board meeting information 6

(1) Within 30 days of the date that minutes from a board meeting are approved, a board must publish on its website a

summary of the agenda items addressed and decisions made at the board meeting.

(2) Despite subsection (1), matters addressed during in camera board discussions must not be published unless the outcome of the in camera discussion was disclosed in the regular board meeting minutes. Registrant information required to be published by registrar 7

(1) The registrar must publish all of the following information on the regulatory body’s website or another publicly available digital platform selected by the registrar: (

a) the name, including the preferred name, of each registrant as specified on their licence application or renewal form; (

b) the registration number of each registrant; (

c) for each registrant, (

i) the name of the register in which they are registered, (ii) the category of licence they hold, if any, or a notation of their licence status, (iii) any current conditions or restrictions on their licence or registration that are not covered by a publication ban, (iv) any licensing sanctions that are not covered by a publication ban, but not including any expired conditions or restrictions; (

d) a record of each registrant who has current approval issued by the registrar to engage in a professional activity, procedure or service as part of their individual scope of practice, including all of the following information: (

i) the nature of the approved activity, procedure or service, (ii) any titles or permits authorized by the registrar to signify approval to engage in the approved activity, procedure or service, (iii) any conditions or restrictions respecting the approved activity, procedure, or service; (

e) any other information that is required under the bylaws to be in the register or the record, if the registrar determines it is in the public interest to make that information publicly available.

(2) For the purposes of this Section, “registrant” means a registrant who holds a current licence or has held a licence to practise within the period of time set out in a mandatory standard of practice.

(3) For the purposes of clause (1)(d), “approval” means approval that is evidenced by a title, permit or other active form of approval determined by the board.

(4) Despite subsection (1), the registrar may redact publicly available information if the registrar has reasonable grounds to believe it is in the public interest to do so. Annual reports 8

(1) A regulatory body must provide an annual report of its activities to the Minister, in a form and 221

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Part II - Regulations Vol. 48, No. 12 manner satisfactory to the Minister, no more than 90 days after the date that the financial audit is substantially completed or 60 days after the date the board accepts the financial audit, whichever is earlier.

(2) In addition to the audited financial statement required under clause 10(1)(

d) of the Act, an annual report must include all of the following information for the year for which the report is submitted: (

a) a description of the structure of the regulatory body, including the names, functions and a description of the committees of the board; (

b) the names of the board members; (

c) the names of the members of the statutory committees and any other committee established by the board; (

d) the location of any notices published during the year by the registrar on the regulatory body’s website under subsection 12(3) of the Act; (

e) the number of registrants who hold each category of licence; (

f) the number of applications for registration that were received during the year and their outcome; (

g) the number of applications for each category of licence that were received during the year and their outcome; (

h) the total number of complaints that were unresolved at the beginning of the year, including all of the following information on an aggregate basis: (

i) the number of each type of unresolved complaint, (ii) the number of unresolved complaints that were resolved during the year, (iii) the outcome of any resolved complaints and the status of any unresolved complaints; (

i) the total number of complaints received during the year, including all of the following information on an aggregate basis: (

i) the number of each type of complaint, (ii) the number of complaints that were resolved during the year, (iii) the outcome of any resolved complaints and the status of any unresolved complaints; (

j) the number of registrants who received a licensing sanction during the year, including all of the following information: (

i) a

summary of the reasons for each case in which 1 or more licensing sanctions were issued, (ii) the location of the published decision respecting the licensing sanctions; (

k) the number of practice reviews conducted during the year and the results of each review; 222

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Part II - Regulations Vol. 48, No. 12 (

l) a description of the continuing competency program of the regulatory body and any other methods used to maintain the competency of the registrants; (

m) any other information the Minister requires. Mandatory standard of practice for maintaining information on digital platform 9 By December 3, 2024, an existing regulator and a regulatory body must adopt a mandatory standard of practice for maintaining the information of a registrant without a licence on the existing regulator’s or regulatory body’s website or another publicly available digital platform. Mandatory standard of practice for sexual misconduct and sexual abuse 10

(1) By December 3, 2024, an existing regulator and a regulatory body must adopt a mandatory standard of practice for addressing sexual misconduct and sexual abuse.

(2) The mandatory standard of practice must contain

definitions of “sexual misconduct” and “sexual abuse.” Committees, Joint Panels and Pools Reinstatement committee— additional powers and authority 11 If a matter is referred to a reinstatement committee, the chair of the committee may appoint a panel or joint panel of at least 3 members of the committee to act as the committee, at least 1 of whom must be a public representative. Complaints committee— additional powers and authority 12 In addition to the authority under

Section 89 of the Act, a complaints committee may allow a respondent to apply to lift, vary or terminate a suspension, restrictions or conditions on their licence at a time determined by the complaints committee. Professional conduct committee— additional powers and authority 13 A professional conduct committee that orders a suspension under

Section 110 of the Act may reduce the period of suspension if all of the following conditions apply: (

a) the respondent meets any conditions imposed by the professional conduct committee; (

b) the professional conduct committee determines it is in the public interest to do so. Registrar— additional powers and authority 14

(1) A registrar may participate in a meeting between the fitness-to-practise committee and a registrant under subsection 128(3) of the Act.

(2) The registrar may introduce evidence and make submissions in a form determined by the committee before the meeting. Fitness-to-practise committee— additional powers and authority 15 The fitness-to-practise committee may appoint an investigator to investigate possible non-compliance with a remedial agreement made under subsection 127(1) of the Act. Appointing public representatives 16

(1) A regulatory body may appoint a public representative to a statutory committee unless any regulations made under

Section 14 of the Act provide otherwise.

(2) A regulatory body must publicly advertise to invite expressions of interest in serving as a public 223

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Part II - Regulations Vol. 48, No. 12 representative on a regulatory committee for at least 30 days, except when appointing a public representative from a pool.

(3) A regulatory body must publish a list of public representatives appointed to its statutory committees on its website. Board member may serve on statutory committee 17

(1) Despite subsection 8(3) of the Act, a member of the board may serve on any of the following statutory committees: (

a) the registration and licensing committee; (

b) the complaints committee.

(2) No more than 1 board member may serve on a panel of the registration and licensing committee or the complaints committee. Composition and powers of joint panel 18

(1) A joint panel must have at least 3 and no more than 5 members.

(2) A joint panel of 3 is composed of all of the following members: (a) 1 registrant from the same regulatory body as the individual whose matter is before the committee; (b) 1 registrant from a regulatory body other than the regulatory body of the individual whose matter is before the committee; (c) 1 public representative.

(3) A joint panel of 4 is composed of all of the following members: (a) 1 registrant from the same regulatory body as the individual whose matter is before the committee; (b) 1 registrant from a regulatory body other than the regulatory body of the individual whose matter is before the committee; (c) 2 public representatives.

(4) A joint panel of 5 is composed of all of the following members: (a) 2 registrants from the same regulatory body as the individual whose matter is before the committee; (b) 1 registrant from a regulatory body other than the regulatory body of the individual whose matter is before the committee; (c) 2 public representatives.

(5) A joint panel has all the same powers as the relevant statutory committee for which it has been convened. 224

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Part II - Regulations Vol. 48, No. 12 Administration of pools 19

(1) A person or organization designated by the Minister to establish a pool under

Section 25 or 26 of the Act must maintain a record of current and former members of the pool that includes all of the following information for each member: (

a) their name; (

b) their contact information; (

c) which statutory committees, including joint panels, they are or were appointed to; (

d) for a registrant of a regulated health profession, their profession and unique registration number.

(2) A person or organization designated by the Minister to establish a pool under

Section 25 or 26 of the Act must do all of the following: (

a) establish a competency matrix outlining the skills required for pool members that considers the principles of equity, diversity, inclusion and reconciliation; (

b) provide a copy of the competency matrix, and any amended versions, to the Minister; (

c) publicly advertise to invite expressions of interest in serving as member of a pool of public representatives for at least 30 days. Professional Conduct Notice of hearing 20 In addition to the requirements in

Section 94 of the Act, a notice of hearing must contain all of the following information: (

a) the names of the parties to the hearing; (

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

c) the format of the hearing; (

d) the allegations against the respondent; (

e) a statement that the respondent has the right to be represented by legal counsel or another representative at the respondent’s expense; (

f) any request for an order to exclude the public; (

g) any other information the registrar determines is necessary in the public interest. Recording of evidence 21 Evidence presented at a hearing must be recorded by a person and in a manner authorized by the registrar. Preservation of evidence 22 Evidence obtained during any regulatory process must be preserved electronically or otherwise for at least 5 years from the date the regulatory process concludes. 225

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Part II - Regulations Vol. 48, No. 12 Roles and powers of investigators in professional conduct processes 23

(1) Subject to subsection (2) and with the approval of the chair of the complaints committee, if there are reasonable and probable grounds to believe there is evidence relevant to an investigation at a registrant’s place of practice, an investigator may enter the registrant’s place of practice at any reasonable time to examine the place of practice and any equipment, book, account, report, record or thing found there that is relevant to the investigation.

(2) An investigator who seeks to enter a registrant’s place of practice under subsection (1) must provide proof that they have been appointed as an investigator before entering the place of practice.

(3) A person must not obstruct an investigator or withhold or conceal from an investigator or destroy anything that is relevant to the investigation.

(4) This

Section applies despite any provision of any Act relating to the confidentiality of health records, except

Section 9 of the Quality-improvement Information Protection Act. Settlement Agreements Mediator used to prepare settlement agreement 24

(1) The parties may agree to use a mediator to prepare or negotiate a proposed settlement agreement.

(2) The costs for a mediator must be divided equally between the regulatory body and the respondent unless the parties agree to a different division of the costs. Referral of settlement agreement to complaints committee 25 The procedure for addressing a proposed settlement agreement under subsection 87(3) of the Act is for the registrar to refer the proposed agreement to the complaints committee for consideration. Complaints committee actions when proposed settlement agreement referred 26

(1) The complaints committee may recommend acceptance of a proposed settlement agreement if it is satisfied that all of the following criteria are met: (

a) the public is protected; (

b) if the respondent is permitted to continue practising, the conduct or its cause can be, or has been, successfully remedied or addressed, and, if applicable, the respondent is likely to successfully pursue the proposed remediation or other requirements of the proposed settlement agreement; (

c) settlement is in the best interest of the public.

(2) If the complaints committee recommends acceptance of a proposed settlement agreement, the complaints committee must refer the proposed settlement agreement to the professional conduct committee for consideration.

(3) If the complaints committee does not recommend acceptance of a proposed settlement agreement, the complaints committee must do 1 of the following: (

a) recommend changes to the proposed settlement agreement that, (

i) if agreed upon by the parties would result in the complaints committee’s recommending acceptance by the professional conduct committee, or 226

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Part II - Regulations Vol. 48, No. 12 (ii) if not agreed upon by the parties would result in rejection by the complaints committee; (

b) reject the proposed settlement agreement and refer the complaint considered by the complaints committee to the professional conduct committee for a hearing. Professional conduct committee actions when proposed settlement agreement referred 27

(1) The professional conduct committee may accept a proposed settlement agreement if the criteria set out in subsection 26(1) have been met.

(2) If the professional conduct committee does not accept a proposed settlement agreement, it must do 1 of the following: (

a) recommend changes to the proposed settlement agreement; (

b) reject the proposed settlement agreement.

(3) If both parties agree with changes recommended to a proposed settlement agreement under clause (2)(a), the proposed agreement must be referred back to the professional conduct committee for acceptance.

(4) If a proposed settlement agreement is rejected under subsection (2) or if both parties do not accept changes recommended under clause (2)(a), the matter must be referred to another panel of the professional conduct committee for a hearing. Written decision on settlement agreement and notice 28

(1) When the professional conduct committee accepts or rejects a proposed settlement agreement, the committee must issue a written decision that includes the reasons for accepting or rejecting the proposed settlement agreement.

(2) The professional conduct committee must provide a copy of any decision rejecting a proposed settlement to all of the following: (

a) the parties; (

b) any persons it considers appropriate.

(3) The professional conduct committee must provide a copy of any decision accepting a proposed settlement agreement to the registrar for distribution and publication as required.

(4) The professional conduct committee’s decision must be published and disclosed in the manner directed by the professional conduct committee, subject to any publication bans it has imposed. New panel members 29 A person who sits on a panel of the professional conduct committee that reviews a rejected proposed settlement agreement must not sit on a panel of the professional conduct committee that conducts a hearing related to the same complaint. Rejected settlement agreements and hearings 30

(1) If a proposed settlement agreement is rejected by the complaints committee or the professional conduct committee, a hearing must proceed without reference to the proposed settlement agreement or any admissions contained in the proposed settlement agreement until after the professional conduct committee has determined whether professional misconduct, conduct unbecoming, incompetence or incapacity has been proven. 227

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Part II - Regulations Vol. 48, No. 12

(2) Despite subsection (1), the parties may advance agreements on facts and joint submissions during a hearing, regardless of whether a proposed settlement agreement was rejected. Settlement negotiations and decision to award costs in hearing 31 Before deciding whether to award costs in a hearing, a party may give the professional conduct committee and the other party a copy of any correspondence exchanged between the parties regarding settlement negotiations, including copies of proposed settlement agreements. Breach of settlement agreement 32

(1) If any term of a settlement agreement is alleged to have been breached, the matter must be referred to the complaints committee for processing as a complaint.

(2) A member of the complaints committee or professional conduct committee who considered a settlement agreement that is alleged to have been breached remains eligible to serve on a committee that is considering the alleged breach. Reinstatement Applications for reinstatement 33

(1) An application for reinstatement of registration or reinstatement of a licence must be in a form approved by the registrar and sent in writing to the registrar together with the applicable application fee.

(2) The applicant must provide any information that the reinstatement committee requires to assist it in determining whether the objects of the regulatory body will be met if reinstatement is granted. Investigation concerning reinstatement application 34

(1) The registrar may appoint an investigator to gather relevant and appropriate information concerning an application for reinstatement.

(2) An investigator appointed under subsection (1) must provide a report of the information gathered during the investigation to the registrar.

(3) The registrar must prepare a written report to the reinstatement committee and the applicant that contains all material relevant to the application, including all of the following: (

a) the professional conduct committee’s decision that revoked the applicant’s registration or licence; (

b) the investigator’s report, if an investigator has been appointed under subsection (1); (

c) any relevant information gathered during the investigation; (

d) the registrar’s position regarding the outcome of the reinstatement application. Notice of reinstatement hearing 35

(1) The reinstatement committee must set a date, time and format for a hearing to review a reinstatement application and must advise the applicant of the date, time and format of the hearing.

(2) For a hearing that is to be held in an in-person or hybrid format, the reinstatement committee must advise the applicant of the physical location where the hearing is to be held.

(3) For a hearing that is to be held virtually or in a hybrid format, the reinstatement committee must 228

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Part II - Regulations Vol. 48, No. 12 provide the applicant with the electronic link to the meeting.

(4) The registrar must give public notice of a reinstatement hearing through its website, or by any alternative means the registrar considers appropriate, including notice of all of the following: (

a) the names of the parties to the hearing; (

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

c) the format of the hearing; (

d) any request for an order to exclude the public; (

e) any other information the registrar determines is necessary in the public interest. Attendance at hearing for review of reinstatement application 36

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

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

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

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

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

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

(5) Subject to any order made under this Section, the reinstatement committee must state at the hearing its reasons for any order made under this Section. Reinstatement committee may determine procedure 37 The reinstatement committee may determine its own procedures provided they are consistent with the Act, regulations and bylaws, and is not bound by the rules of evidence. Witnesses at reinstatement committee hearing 38

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

(2) An oath or affirmation may be administered by any member of a reinstatement committee or other person in attendance authorized by law to administer oaths or affirmations. Parties to reinstatement committee hearing 39 The parties to a hearing before the reinstatement committee are all of the following: 229

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a) the applicant for reinstatement; (

b) the regulatory body as represented by the registrar or a person designated by the registrar. Decision of reinstatement committee 40

(1) After considering the evidence and the representations from the parties, the reinstatement committee must decide to accept or reject a reinstatement application.

(2) The reinstatement committee must communicate its decision under subsection (1), together with reasons, in writing to all of the following: (

a) the applicant; (

b) the registrar.

(3) If the reinstatement committee accepts a reinstatement application, the committee may impose any restrictions and conditions it considers appropriate relating to the reinstatement of the applicant. Reinstatement eligibility 41 To be eligible for reinstatement, an applicant must meet the criteria for registration and licensing and reinstatement under the Act and these regulations in addition to any restrictions and conditions imposed by the reinstatement committee. Costs and expenses for reinstatement application and hearing 42

(1) An applicant is responsible for all their expenses incurred in a reinstatement application and hearing.

(2) Whether an application for reinstatement is accepted or rejected, the reinstatement committee may make an order to recover costs from the applicant, and the costs must be paid by the date specified in the order. Publication of reinstatement committee’s decision 43 The reinstatement committee’s decision must be published and disclosed in the manner directed by the reinstatement committee, subject to any publication bans it has imposed.

Submitting new application for reinstatement 44 If an application for reinstatement is rejected, the applicant must not submit a new reinstatement application until (a) 1 year after the date of the reinstatement committee’s prior decision to reject their application, and on any conditions determined by the reinstatement committee; or (

b) a date that is after the period in clause (a), as determined by the reinstatement committee that rejected the prior reinstatement application, and on any conditions determined by that Committee. Costs 45

(1) The registrar may award costs against a registrant to recover expenses incurred for a fitness-to- practise assessment.

(2) The fitness-to-practise committee may award costs against a registrant to recover expenses incurred in the fitness-to-practise process, including the costs of a fitness-to-practise assessment, if the registrant is referred back to the registrar under

Section 129 of the Act. 230

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Part II - Regulations Vol. 48, No. 12 Surrendering licence 46 If the resignation of a registrant is authorized under the Act or regulations, the registrant is deemed to have surrendered their licence on the date the resignation is approved. Practice Reviews Establishing practice review committee 47 A regulatory body must establish a practice review committee no more than 18 months after it is established in regulations under the Act.

Function of practice review committee 48 The function of the practice review committee is to oversee the conduct of practice reviews in accordance with the direction of the board and the terms of reference of the practice review committee. Referral for practice review 49

(1) The practice review committee must refer registrants for a practice review in a manner that is consistent with the direction of the board, which may include a referral from the registrar or a statutory committee.

(2) A registrant referred for a practice review, and their employer, must do all of the following: (

a) participate in and cooperate with the practice review; (

b) provide the practice review committee with any information requested; (

c) permit a reviewer appointed by the practice review committee to do the following if the practice review committee decides it is necessary for the purposes of the practice review: (

i) enter the registrant’s place of practice, (ii) inspect client records, (iii) make copies of client records. Referral to registrar 50

(1) If, during or after a practice review, the practice review committee has reasonable and probable grounds to believe that a matter may involve professional misconduct, conduct unbecoming, incompetence or incapacity that cannot be resolved through the practice review process, the practice review committee may refer the matter to the registrar.

(2) If a matter is referred to the registrar under subsection (1), the registrar must consider whether to file a complaint or refer the matter to the fitness-to-practise committee or other regulatory process.

(3) If a matter is referred to the registrar under subsection (1), any documents or material gathered, produced or created as part of the practice review process and any decisions rendered by the practice review committee are admissible in evidence in any regulatory process conducted under the Act, regulations or bylaws. Quality Assurance Program Quality assurance program for regulatory performance 51

(1) A regulatory body must participate in a quality assurance program for regulatory performance and provide any information the Minister requires to assess the regulatory body’s performance. 231

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(2) The Minister may delegate the administration of a quality assurance program for regulatory performance to a third party.

(3) A quality assurance program for regulatory performance must assess the performance of each regulatory body on a recurring basis of no more than once every 3 years, but at least once every 4 years.

(4) An assessment of the performance of a regulatory body may include a review of some or all of the standards of good regulation for the regulatory body.

(5) When directed by the Minister, a regulatory body must submit an action plan to the Minister, in a form and by a deadline directed by the Minister, to address any standards of good regulation that have not been met.

(6) The results of an assessment under the quality assurance program for regulatory performance must be posted publicly by the Minister and the regulatory body within 30 days of the date the assessment is completed.

(7) An action plan ordered by the Minister must be posted publicly by the Minister and the regulatory body. Standards of good regulation 52 The Minister must make the standards of good regulation public and must review and update the standards of good regulation in accordance with national and international best practices, as needed. Custodianship Registrar may appoint custodian of client records 53

(1) The registrar may appoint a registrant from any existing regulator or regulatory body to serve as a custodian to take any steps that are necessary to preserve client records and facilitate the transfer of records if a registrant (

a) has not adequately provided for the protection of a client’s interests in their records; and (

b) the registrant (

i) dies, disappears, is imprisoned, leaves the Province or surrenders their licence to practise, (ii) is struck off the register or is the subject of a suspension of licence, (iii) has had a licensing sanction imposed, or (iv) neglects the registrant’s practice.

(2) A custodian appointed under this

Section may enter the place of practice of a registrant and take any steps they consider necessary to protect the public.

(3) A custodian must keep all client records taken into custody and, upon a client’s request, provide copies of the client records to any of the following people, unless the custodian has reasonable grounds to believe it would not be in the best interest of a client to make the information available: 232

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a) the client; (

b) a representative of the client; (

c) another person as directed by the client.

(4) A client must pay a reasonable fee for the records provided under subsection (3).

(5) The registrar may do any of the following: (

a) authorize the custodian to employ professional assistance to perform their duties; (

b) direct the custodian respecting how to deal with, hold, deliver or dispose of client records; (

c) provide for the remuneration, disbursements and indemnification of the custodian; (

d) provide for the discharge of the custodian either before or after the completion of their responsibilities. (

e) recover costs from a registrant whose records are under custodianship.

(6) A registrant whose client records are under custodianship may apply to the registrar to direct the custodian to return all or part of the client records to the registrant upon any terms consistent with the objects of a regulatory body set out in

Section 6 of the Act.

(7) A registrant whose client records are under custodianship may apply for judicial review of a decision made by the registrar under subsection (6).

(8) This

Section applies to a registrant whether or not they have a current licence. Custodian of client records 54

(1) A custodian must give notice that the custodian has possession of a registrant’s client records to all of the following: (

a) the registrant’s clients; (

b) the general public; (

c) any other person or organization the registrar considers appropriate.

(2) A notice required by subsection (1) must be given in all of the following ways: (

a) by publishing it on the relevant regulatory body’s website; (

b) by any additional methods the registrar directs.

(3) The custodian must report to the registrar about all of the following: (

a) details about how the notice requirements under subsections (1) and (2) were met; (

b) action taken during the custodianship, when the board requires.

(4) After receiving a custodian’s report required by subsection (3), the registrar may do any of the 233

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a) discharge the custodian; (

b) make any order the board considers appropriate regarding any client records in the custodian’s possession.

(5) The custodian’s compliance with an order of the registrar discharges the custodian in respect of those client records affected by the board’s order. Information Disclosure and Confidentiality Mandatory disclosure between regulatory body and employer 55 When disclosing information under subsection 89(6),

Section 131 or clause 160(1)(

b) of the Act, all of the following apply: (

a) personal information and personal health information may be disclosed only if de-identified information will not accomplish the purpose for which the information is disclosed; (

b) any personal information or personal health information disclosed must be limited to the minimum amount necessary to accomplish the purpose for which the information is disclosed. Employer reporting exposure to harm 56

(1) In addition to the reporting requirements set out in

Section 160 of the Act, if an employer has reasonable grounds to believe that a registrant is exposing or is likely to expose the public, clients, the profession or the registrant to harm or injury, the employer must immediately report to the registrar and must specify why they believe the registrant is exposing or is likely to expose the public to harm.

(2) In subsection (1), “employer” includes a health authority with whom (

a) the registrant holds privileges; or (

b) the registrant previously held privileges, but whose privileges were terminated or relinquished for any of the following reasons: (

i) risk of harm or injury to themselves or others, (ii) allegations of professional misconduct, (iii) conduct unbecoming the profession, (iv) incompetence, (

v) incapacity.

(3) After receiving a report under subsection (1), the registrar must immediately notify the registrant who is the subject of the report. Exceptions to confidentiality 57

(1) A participant in a regulatory process under the Act may disclose the fact that they are a participant in the process to their employer. 234

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(2) If the registrar or a participant in a regulatory process has a concern about the health or safety of the public or an identifiable member of the public, including a respondent, the registrar or the participant in a regulatory process may disclose to those persons any information as is necessary to protect the health or safety of the public or an identifiable member of the public.

(3) For the purposes of this Section, “participant in a regulatory process” includes all of the following: (

a) the complainant; (

b) the respondent; (

c) a witness. Permitted disclosure to extra-provincial regulatory body 58 In addition to the information that the registrar may disclose to an extra-provincial regulatory body under clause 137(2)(

b) of the Act, the registrar may also disclose to an extra-provincial regulatory body any information that impacts the fitness or eligibility of a registrant applying for registration or licensing with the extra-provincial regulatory body. Practice Registrant may delegate 59 Nothing in the Act or regulations prevents a registrant from delegating or assigning tasks constituting part of the scope of practice of the registrant’s designation, when done in accordance with the relevant bylaws or standards of practice. Applicant or registrant charged with criminal offence 60

(1) An applicant or registrant who is charged with, pleads guilty to or is convicted of any offence under the Criminal Code (Canada) or the Controlled Drugs and Substances Act (Canada) must immediately report the offence to the registrar.

(2) After receiving a report under subsection (1), the registrar may, by any notice the registrar prescribes, require a registrant to attend a meeting before the complaints committee or an applicant to attend a meeting before the registration and licensing committee to fully disclose the facts and circumstances of the offences reported by the applicant or registrant. (3) Subsection (1) does not apply to an applicant or registrant for a matter for which a pardon has been issued or a record suspension has been ordered.

Transition Permit or licence continues until withdrawn or expires 61 A permit or licence granted to an incorporated entity by an existing regulator continues in effect until it is withdrawn or expires. 235

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Part II - Regulations Vol. 48, No. 12 N.S. Reg. 107/2024 Made: May 30, 2024 Filed: May 30, 2024 Paramedicine Regulations Order in Council 2024-181 dated May 30, 2024 Regulations made by the Governor in Council pursuant to Sections 4, 13, 14 and 177 of the Regulated Health Professions Act The Governor in Council on the report and recommendation of the Minister of Health and Wellness dated May 23, 2024, and pursuant to Sections 4,13, 14 and 177 of

Chapter 15 of the Acts of 2023, the Regulated Health Professions Act, is pleased to make new regulations respecting paramedicine in the form set forth in

Schedule “A” attached to and forming part of the report and recommendation, effective on and after June 3, 2024.

Schedule “A” Regulations Respecting Paramedicine made by the Governor in Council under Sections 4, 13, 14 and 177 of

Chapter 15 of the Acts of 2023, the Regulated Health Professions Act

Interpretation Citation 1 These regulations may be cited as the Paramedicine Regulations.

Definitions 2 In these regulations, “Act” means the Regulated Health Professions Act; “Board” is further defined to mean the board of the Regulator; “competency framework” means a framework approved by the Board establishing the competencies that registrants are required to possess to practise safely and ethically within the scope of practice of their designation or licensing category; “former Act” is further defined to mean

Chapter 33 of the Acts of 2015, the Paramedics Act; “General Regulations” means the Regulated Health Professions General Regulations made under the Act; “paramedicine diagnosis” means a paramedic’s

interpretation of a client’s health condition following the paramedic’s assessment of the client that guides the paramedic’s care of the client and is made within the paramedic’s individual scope of practice in accordance with the applicable competency framework, standards of practice and practice guidelines approved by the Board; “registration and licensing decision maker” means the registrar, the registration and licensing committee or the registration and licensing review committee, as applicable; “Regulator” means the Nova Scotia Regulator of Paramedicine; 236

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Part II - Regulations Vol. 48, No. 12 “title protection” means the restriction on the use of a title associated with a particular category of licence to persons registered and licensed in that category of licence. Regulator College of Paramedics of Nova Scotia continued 3 The College of Paramedics of Nova Scotia is continued as a regulatory body under the name Nova Scotia Regulator of Paramedicine with the purpose of regulating the profession of paramedicine in accordance with the objects set out in

Section 6 of the Act. Bylaw authorization 4 The Regulator is authorized to make bylaws under clauses 12(2)(k), (

l) and (

m) of the Act in accordance with the Act and these regulations. Number of public representatives on Board 5 In addition to the requirement of subsection 7(2) of the Act, the number of public representatives on the Board must be no fewer than 3 and no more than 4. Scope of Practice Scope of practice of paramedicine 6

(1) The scope of practice of paramedicine is the application of specialized and evidence-based paramedicine knowledge, skills and judgment that meet all of the following requirements: (

a) they have been taught in an approved education program or are set out in the competency frameworks, standards of practice and practice guidelines approved by the Board; (

b) they are applied in collaboration with other regulated health professionals as needed.

(2) The scope of practice of paramedicine as described in subsection (1) includes the performance of any or all of the following activities: (

a) assessing clients across the lifespan; (

b) making a paramedicine diagnosis; (

c) treating and managing acute and chronic health conditions in any setting, including emergency, urgent, acute and primary care; (

d) promoting health and injury prevention; (

e) performing any other services, roles, functions and activities included in the scope of practice of the designations and licensing categories set out in the bylaws.

(3) The scope of practice of paramedicine also includes research, education, inter-professional collaboration, consultation, management, administration, advocacy, regulation or system development that is related to the activities and application of specialized and evidence-based paramedicine knowledge, skills and judgment described in subsections (1) and (2). Scope of practice of designations and licensing categories 7 Under clauses 12(2)(

k) and (

l) of the Act, the Regulator may make bylaws setting out all of the following: (

a) the scope of practice of each designation and licensing category established 237

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i) in the regulations, and (ii) in the bylaws; (

b) the title protection authorized for each designation and licensing category. Registration and Licensing Practising licence categories 8 The following are the practising licence categories for paramedicine: (

a) emergency medical responder practising licence; (

b) primary care paramedic practising licence; (

c) advanced care paramedic practising licence; (

d) critical care paramedic practising licence; (

e) any other category of practising licence established in the bylaws. Conditional licence categories 9 The following are the conditional licence categories for paramedicine: (

a) emergency medical responder conditional licence; (

b) primary care paramedic conditional licence; (

c) advanced care paramedic conditional licence; (

d) critical care paramedic conditional licence; (

e) any other category of conditional licence established in the bylaws. Application and criteria for registration in practising register 10

(1) An applicant for registration in a practising register must submit all of the following to the registrar: (

a) a completed application in a form approved by the registrar; (

b) proof satisfactory to the registration and licensing decision maker that the applicant meets all of the following criteria, except if any or all of the criteria are waived under

Section 59 of the Act: (

i) they are a graduate of 1 of the following: (

A) an education program approved for registration in the practising register in which they seek to be registered, (

B) an education program that, in the opinion of the registration and licensing decision maker, is equivalent to an education program approved for registration in the practising register in which they seek to be registered, (

C) an education program that, together with the applicant’s additional education and 238

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Part II - Regulations Vol. 48, No. 12 experience and in the opinion of the registration and licensing decision maker, provides the applicant with the competencies to practise in the scope of practice of registrants in the practising register in which they seek to be registered, (ii) they have successfully completed any examinations required by the Board for registration in the practising register in which they seek to be registered, (iii) they have completed a competence assessment, if directed to do so by the registration and licensing decision maker, (iv) they have successfully completed any bridging education required for registration that was determined to be necessary by a competence assessment, (

v) they have demonstrated proficiency in the English language, in the manner prescribed by the registrar, (vi) they are a Canadian citizen or legally entitled to live and work in Canada, (vii) they have the capacity, competence and character to safely and ethically engage in the practice of paramedicine without conditions or restrictions, (viii) they have no outstanding complaints, prohibitions, conditions, agreements or restrictions originating from the Regulator or any other registration or licensing authority that would preclude registration in a register other than a conditional register, (ix) they are the person named in the documentation submitted in support of the application, (

x) under the requirements of the Act, these regulations and the bylaws, they are eligible for a practising licence that corresponds with the practising register in which they seek to be registered, (xi) they meet any additional criteria for registration in a practising register set out in the bylaws; (

c) the applicable fee, within the time determined by the registrar and using a method acceptable to the registrar.

(2) The registrar must process the application and associated information, documents and fee described in subsection (1) in accordance with

Section 36 of the Act and as soon as practicable.

(3) If the registrar refers an application to the registration and licensing committee under clause 36(1)(

d) of the Act, the registration and licensing committee must review and make a decision regarding the application in accordance with Sections 37 and 38 of the Act and as soon as practicable. Criteria for practising licence 11

(1) An applicant for a practising licence must submit all of the following to the registrar: (

a) a completed application in a form approved by the registrar; (

b) proof satisfactory to the registration and licensing decision maker that the applicant meets all of the following criteria, except if any or all of the criteria are waived under

Section 59 of the Act: 239

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i) they meet the criteria in subclauses 10(1)(b)(iii), (iv), (v), (vi), (vii) and (ix), (ii) they are registered in the practising register that corresponds with the licensing category for which they are seeking a practising licence, (iii) they have professional liability insurance or another form of malpractice coverage or liability protection in the form and amount set by the Board, (iv) they meet the requirements of the continuing competence program for the licensing category for which they are seeking a practising licence, (

v) they meet the currency of practice requirements for the licensing category for which they are seeking a practising licence, (vi) they have no outstanding complaints, prohibitions, conditions, agreements or restrictions originating from the Regulator or any other registration or licensing authority that limit their ability to practise, (vii) they have completed any assessments or education required by the Board for the licensing category for which they are seeking a practising licence, (viii) they meet any additional criteria for the issuance of a practising licence set out in the bylaws; (

c) the applicable fee, within the time determined by the registrar and using a method acceptable to the registrar.

(2) The registrar must process the application and associated information, documents and fee described in subsection (1) in accordance with

Section 36 of the Act and as soon as practicable.

(3) If the registrar refers an application to the registration and licensing committee under clause 36(1)(

d) of the Act, the registration and licensing committee must review and make a decision regarding the application in accordance with Sections 37 and 38 of the Act and as soon as practicable. Criteria for registration in conditional register 12

(1) The registrar must enter a person’s name in a conditional register if the person is 1 of the following: (

a) an existing registrant in a practising register who has (

i) agreed to conditions or restrictions that limit their ability to practise, or (ii) had conditions or restrictions that limit their ability to practise imposed on them as a result of a regulatory process; (

b) an applicant for registration in a register who meets all of the following requirements: (

i) they meet all of the criteria for registration in a practising register, except for the criteria in subclauses 10(1)(b)(vii) and (xi), (ii) they have the capacity, competence and character to safely and ethically engage in the practice of paramedicine with conditions or restrictions, (iii) they have 240

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A) agreed to conditions or restrictions that limit their ability to practise, or (

B) had conditions or restrictions that limit their ability to practise imposed on them as a result of a regulatory process, (iv) under the requirements of the Act, these regulations and the bylaws, they are eligible for a conditional licence that corresponds with the conditional register in which they seek to be registered, (

v) they meet any other requirements for registration in a conditional register in the bylaws, (vi) they have paid the applicable fee, within the time determined by the registrar and using a method acceptable to the registrar.

(2) The registrar must process an application for an applicant described in clause (1)(

b) in accordance with

Section 36 of the Act and as soon as practicable.

(3) If the registrar refers an application for an applicant described in clause (1)(

b) to the registration and licensing committee under clause 36(1)(

d) of the Act, the registration and licensing committee must review and make a decision regarding the application in accordance with Sections 37 and 38 of the Act and as soon as practicable.

(4) Despite subclause (1)(b)(i), if an applicant has not passed the registration examinations required for conditional registration, but has otherwise met the requirements of subsection 13(1), the registration and licensing decision maker may grant conditional registration pending the passing of the registration examinations. Criteria for conditional licence 13

(1) The registrar must issue a conditional licence to a person under

Section 43 of the Act if the person meets all of the following criteria: (

a) the person is 1 of the following: (

i) an existing registrant with a practising licence who has (

A) agreed to conditions or restrictions that limit their ability to practise, or (

B) had conditions or restrictions that limit their ability to practise imposed on them as a result of a regulatory process, (ii) an applicant for a licence who meets all of the following requirements: (

A) they meet all of the criteria for registration in a practising register, except for the criteria in subclauses 10(1)(b)(vii) and (xi), (

B) they are registered in a conditional register that corresponds with the licensing category for which they are seeking a conditional licence, (

C) they meet the requirements for a practising licence in subclauses 11(1)(b)(iii) and (vii), (

D) they have the capacity, competence and character to safely and ethically engage in the practice of paramedicine with conditions or restrictions, 241

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E) they meet any additional criteria for the issuance of a conditional licence in the bylaws, (

F) they either (

I) agree to the registration and licensing decision maker’s imposition of conditions or restrictions that limit their ability to practise, or (II) have had conditions or restrictions that limit their ability to practise imposed by the registration and licensing decision maker or a statutory committee; (

b) they have paid the applicable fee, within the time determined by the registrar and using a method acceptable to the registrar.

(2) The registrar must process an application for an applicant described in subclause (1)(a)(ii) in accordance with

Section 36 of the Act and as soon as practicable.

(3) If the registrar refers an application for an applicant described in subclause (1)(a)(ii) to the registration and licensing committee under clause 36(1)(

d) of the Act, the registration and licensing committee must review and make a decision regarding the application in accordance with Sections 37 and 38 of the Act and as soon as practicable.

(4) Despite paragraph (1)(a)(ii)(A), if an applicant has not passed the registration examinations required for registration, but has otherwise met the requirements of subsection (1), the registration and licensing decision maker may issue a conditional licence pending the passing of the registration examinations. Practice and Title Use Restrictions, Services Not Prohibited and Publication Restrictions Restriction on practice of paramedicine 14 No person may engage or offer to engage in the practice of paramedicine or describe their activities as “paramedicine” unless they are 1 of the following: (

a) a registrant holding a practising or conditional licence; (

b) otherwise authorized to practise paramedicine, in accordance with the Act, these regulations or the General Regulations; (

c) exempt from the application of the Act, these regulations or the General Regulations. Restriction on use of “paramedic” title or description 15 No person may take or use the title or description of “paramedic” or a derivation or abbreviation of it alone or in combination with other words, letters or descriptions unless the person is 1 of the following: (

a) a registrant holding a licence in 1 of the following licence categories: (

i) primary care paramedic practising licence, (ii) advanced care paramedic practising licence, (iii) critical care paramedic practising licence, 242

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Part II - Regulations Vol. 48, No. 12 (iv) primary care paramedic conditional licence, (

v) advanced care paramedic conditional licence, (vi) critical care paramedic conditional licence, (vii) a category of licence set out in the bylaws that allows for use of the title “paramedic”; (

b) otherwise authorized to use the relevant title or description, in accordance with the Act, these regulations, the General Regulations or the bylaws. Restriction on use of “emergency medical responder” title, description or designation 16

(1) No person may take or use the title, description or designation of “emergency medical responder”, the abbreviation of “EMR” or a derivation of either of them alone or in combination with other words, letters or descriptions unless the person is 1 of the following: (

a) a registrant holding an emergency medical responder practising licence or an emergency medical responder conditional licence under these regulations or the bylaws; (

b) otherwise authorized to practise as an emergency medical responder or to use the relevant title, description or designation, in accordance with the Act, these regulations or the bylaws.

(2) Despite subsection (1), a person who has met all of the requirements for registration on the emergency medical responder practising register, except for passing registration examinations approved by the Board, and who has been issued an emergency medical responder conditional licence pending the passing of the registration examinations approved by the Board may call themselves a graduate emergency medical responder and use the abbreviation “Graduate, EMR”. Restriction on use of “primary care paramedic” title, description or designation 17

(1) No person may take or use the title, description or designation of “primary care paramedic”, the abbreviation of “PCP” or a derivation of either of them alone or in combination with other words, letters or descriptions unless the person is 1 of the following: (

a) a registrant holding a primary care paramedic practising licence or a primary care paramedic conditional licence under these regulations or the bylaws; (

b) otherwise authorized to practise as a primary care paramedic or to use the relevant title, description or designation, in accordance with the Act, these regulations or the bylaws.

(2) Despite subsection (1), a person who has met all of the requirements for registration on the primary care paramedic practising register, except for passing registration examinations approved by the Board, and who has been issued a primary care paramedic conditional licence pending the passing of the registration examinations approved by the Board may call themselves a graduate primary care paramedic and use the abbreviation “Graduate, PCP”.

Restriction on use of “advanced care paramedic” title, description or designation 18 No person may take or use the title, description or designation of “advanced care paramedic”, the abbreviation of “ACP” or a derivation of either of them alone or in combination with other words, letters or descriptions unless the person is 1 of the following: (

a) a registrant holding an advanced care paramedic practising licence or an advanced care paramedic conditional licence under these regulations or the bylaws; 243

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b) otherwise authorized to practise as an advanced care paramedic or to use the relevant title, description or designation, in accordance with the Act, these regulations or the bylaws. Restriction on use of “critical care paramedic” title, description or designation 19 No person may take or use the title, description or designation of “critical care paramedic”, the abbreviation of “CCP” or a derivation of either of them alone or in combination with other words, letters or descriptions unless the person is 1 of the following: (

a) a registrant holding a critical care paramedic practising licence or a critical care paramedic conditional licence under these regulations or the bylaws; (

b) otherwise authorized to practise as a critical care paramedic or to use the relevant title, description or designation, in accordance with the Act, these regulations or the bylaws. Restriction on use of bylaw licensing category title, description or designation 20 No person may take or use the title, description or designation of a licensing category established in the bylaws by the Board under clause 12(2)(

l) of the Act unless the person is 1 of the following: (

a) a registrant holding a licence in the category that authorizes the use of that title or designation; (

b) otherwise authorized to practise within the scope of the designation of or to use the title, description or designation of that licensing category, in accordance with the Act, these regulations or the bylaws. Services not prohibited by Act, regulations or bylaws 21 In addition to the services set out in

Section 164 of the Act, nothing in the Act, these regulations or the bylaws prohibits the provision of the following services: (

a) the practice of paramedicine during an interprovincial or international client transfer; (

b) the practice of paramedicine in the Province by or the recovery of fees or compensation for professional services rendered by a person registered in the profession of paramedicine in another country, state, territory or province who, once engaged, must accompany and temporarily care for a client during the period of the engagement, if that person does not represent or hold themselves out as a person registered under the Act or these regulations; (

c) the practice of paramedicine by a non-registrant through delegation or assignment of tasks by a registrant, if the practising and delegation is performed in accordance with the requirements approved by the Board. Restriction on use of title or designation in advertisement or publication 22

(1) A person may only use any of the following alone or in combination with other words, letters or descriptions in any advertisement or publication, including business cards, websites and signage, if they are authorized to do so by these regulations and any activities referred to in the advertisement or publication fall within the scope of practice of paramedicine: (

a) the title of “paramedic”, the designation of “emergency medical responder” or any other designation protected by these regulations or the bylaws; (

b) any derivation or abbreviation of the title or designations described in clause (a).

(2) A person must only describe their activities as “paramedicine” in any advertisement or publication, including business cards, websites and signage, if they are authorized to do so under

Section 15 and 244

N.S. Reg. 107/2024 - 108/2024 Royal Gazette

Part II - Regulations Vol. 48, No. 12 the referenced activities fall within the scope of practice of paramedicine. Fines Professional conduct fines 23 If the professional conduct committee finds a respondent has engaged in professional misconduct or conduct unbecoming the profession, it may impose a fine for each of the proven allegations, but the total amount of all fines must be no more than $50 000. Transition from Former Act to Act Bylaw consultation exemption and notice 24

(1) The Regulator is exempt from the bylaw consultation requirements in subsections 12(3) and (4) of the Act and

Section 4 of the General Regulations for a period of 60 days after the date the Regulator is established under these regulations.

(2) The Board must send a copy of all new and amended bylaws approved by the Board during the 60 day period referred to in subsection (1) to all of the following within 5 business days of the date that they are approved: (

a) each registrant; (

b) the Minister; (

c) the Regulated Health Professions Network; (

d) any other relevant person or organization identified by the Board. N.S. Reg. 108/2024 Made: May 30, 2024 Filed: May 30, 2024 Proclamation of Act, S. 241, S.N.S. 2023, c. 15–S. 196, 204, 222(q), 222(u), 228(b), 229(c), 229(d), 230(1), 233, 234 & 236 Order in Council 2024-182 dated May 30, 2024 Proclamation made by the Governor in Council pursuant to

Section 241 of the Regulated Health Professions Act The Governor in Council on the report and recommendation of the Minister of Health and Wellness dated May 21, 2024, pursuant to

Section 241 of

Chapter 15 of the Acts of 2023, the Regulated Health Professions Act, and subsection 3(7) of

Chapter 235 of the Revised Statutes of Nova Scotia, 1989, the

Interpretation Act, is pleased to order and declare by proclamation that Sections 196 and 204, clauses 222(

q) and (u), 228(

b) and 229(

c) and (d), subsection 230(1) and Sections 233, 234 and 236 of

Chapter 15 of the Acts of 2023, the Regulated Health Professions Act, do come into force on and not before June 3, 2024. 245

N.S. Reg. 108/2024 Royal Gazette

Part II - Regulations Vol. 48, No. 12 L.S. Canada Province of Nova Scotia Charles the Third, by the Grace of God, King of Canada and His Other Realms and Territories, Head of the Commonwealth. To all [to] whom these presents shall come, or whom the same may in any wise concern, Greeting! A Proclamation

Whereas in and by

Section 241 of

Chapter 15 of the Acts of 2023, the Regulated Health Professions Act, it is enacted as follows: 241 Sections 178 to 240 come into force on such day as the Governor in Council orders and declares by proclamation. And

Whereas it is deemed expedient that Sections 196 and 204, clauses 222(

q) and (u), 228(

b) and 229(

c) and (d), subsection 230(1) and Sections 233, 234 and 236 of

Chapter 15 of the Acts of 2023, the Regulated Health Professions Act, do come into force on and not before June 3, 2024; Now Know Ye That We, by and with the advice of the Executive Council of Nova Scotia, do by this Our Proclamation order and declare that Sections 196 and 204, clauses 222(

q) and (u), 228(

b) and 229(

c) and (d), subsection 230(1) and Sections 233, 234 and 236 of

Chapter 15 of the Acts of 2023, the Regulated Health Professions Act, do come into force on and not before June 3, 2024, of which all persons concerned are to take notice and govern themselves accordingly. In Testimony Whereof We have caused these our Letters to be made Patent and the Great Seal of Nova Scotia to be hereunto affixed. Witness, Our Trusty and Well Beloved, Arthur J. LeBlanc, Chancellor of Our Order of Nova Scotia, one of Our Counsel learned in the law in the Province of Nova Scotia, Lieutenant Governor in and of Our Province of Nova Scotia.

Given at Our Government House in the Halifax Regional Municipality, this 30th day of May in the year of Our Lord two thousand and twenty-four and in the Second year of Our Reign. By Command: PROVINCIAL SECRETARY ATTORNEY GENERAL AND MINISTER OF JUSTICE 246

N.S. Reg. 109/2024 Royal Gazette

Part II - Regulations Vol. 48, No. 12 N.S. Reg. 109/2024 Made: June 4, 2024 Filed: June 4, 2024 Capital Investment Tax Credit Regulations–amendment Order in Council 2024-185 dated June 4, 2024 Amendment to regulations made by the Governor in Council pursuant to

Section 49A of the Income Tax Act The Governor in Council on the report and recommendation of the Minister of Finance and Treasury Board dated April 17, 2024, and pursuant to

Section 49A of

Chapter 217 of the Revised Statutes of Nova Scotia, 1989, the Income Tax Act, is pleased to amend the Capital Investment Tax Credit Regulations, N.S. Reg. 137/2016, made by the Governor in Council by Order in Council 2016-168 dated July 4, 2016, to expand the definition of “qualified property” to include property used in Nova Scotia in the identified sectors, in the manner set forth in

Schedule “A” attached to and forming part of the report and recommendation, effective on and after November 9, 2023.

Schedule “A” Amendment to the Capital Investment Tax Credit Regulations made by the Governor in Council under

Section 49A of

Chapter 217 of the Revised Statutes of Nova Scotia, 1989, the Income Tax Act

Section 2 of the Capital Investment Tax Credit Regulations, N.S. Reg. 137/2016, made by the Governor in Council by Order in Council 2016-168 dated July 4, 2016, is amended by adding the following subsection immediately after subsection (2):

(3) For the purposes of subclause 49A(1)(d)(ii) of the Act, property is considered qualified property if it meets all of the criteria set out in the definition of “qualified property” in subsection 127(9) of the Federal Act, except that the following is to be substituted for paragraph (

c) of that definition: (

c) to be used by the taxpayer in the Province primarily for the purpose of (

i) manufacturing aerospace products and parts to be used in space transportation, falling under NAICS Canada industry 33641 (aerospace product and parts manufacturing), or (ii) transporting freight, including satellites, by space vehicle into orbit, falling under NAICS Canada industry 481214 (non-scheduled chartered air transportation). 247

Document details

Collection	Nova Scotia — Gazette
Citation	N.S. Reg. 101/2024
Date	2024-06-14
Type	gazette
Volume / chapter	just regulations rg2 2024 RG2 2024 06 14
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	e4bf0e09442e4883ffa4944390bf13e54d3eec4f

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